Federal Circuit disposition — 24-125

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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In Re JACKSON JEAN,
Petitioner
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2024-125, 2024-126, 2024-127
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On Petitions for Writ of Mandamus to the United
States Court of Appeals for Veterans Claims in No. 24-
1121.
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ON PETITION AND MOTION
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Before P ROST , T ARANTO, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Jackson Jean petitions for writs of mandamus direct-
ing the Department of Veterans Affairs (DVA) to grant his
claims for allergic rhinitis, tinnitus, and gastro-esophageal
reflux disease (GERD). He also moves for summary judg-
ment and for leave to proceed in forma pauperis. We now
issue a consolidated decision denying his requests.
According to the petitions, the DVA, in December 2023,
denied Mr. Jean’s claims seeking earlier effective dates for
his service-connected allergic rhinitis and tinnitus, inform-
ing him of further review procedures within the DVA. The
Case: 24-125 Document: 9 Page: 1 Filed: 07/23/2024

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IN RE JEAN 2
filings also indicate that Mr. Jean filed a separate claim
seeking entitlement to service connection for GERD and
that review of that claim remains pending. See, e.g., ECF
No. 2 at 17 in 2024-126 (indicating that the DVA seeks ad-
ditional medical evidence and opinion).
A party seeking a writ of mandamus bears the burden
of demonstrating to the court that it has no “adequate al-
ternative” means to obtain the desired relief, Mallard v.
U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 309
(1989), and that the right to issuance of the writ is “clear
and indisputable,” Will v. Calvert Fire Ins., 437 U.S. 655,
666 (1978). See also Cheney v. U.S. Dist. Ct. for D.C., 542
U.S. 367, 380–81 (2004). Mr. Jean has not met this de-
manding standard at least because he may pursue the re-
lief requested through the DVA appeal process or, if
warranted, by resort to the United States Court of Appeals
for Veterans Claims. Cf. 28 U.S.C. § 1651; Cox v. West, 149
F.3d 1360, 1363 (Fed. Cir. 1998) (concluding that the Court
of Appeals for Veterans Claims has authority to issue writs
in aid of its jurisdiction).
Accordingly,
I T I S O RDERED T HAT :
The above-captioned matters are consolidated, and the
petitions and all pending motions are denied.
July 23, 2024
Date
F OR THE COURT
Case: 24-125 Document: 9 Page: 2 Filed: 07/23/2024

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