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Hargrove v. Shinseki, 10-7043

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By FindLaw Staff on January 06, 2011 3:12 PM

Veterans Court's denial of a petition for writ of mandamus for failure to exhaust administrative remedies

Hargrove v. Shinseki, 10-7043, concerned a challenge to the Veterans Court's denial of a petition for writ of mandamus, challenging the Regional Office's proposed reduction in petitioner's disability rating.  In affirming the decision, the court held that, because the petitioner had not exhausted his administrative remedies before filing his petition, the Veterans Court did not abuse its discretion in denying mandamus.

As the court wrote: "The Supreme Court explained in Cheney, "the party seeking issuance of the writ must have no other adequate means to attain the relief he desires - a condition designed to ensure that the writ will not be used as a substitute for the regular appeals process.""

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