Gray v. McDonough — Mandamus petition dismissed as moot after Board issued decision

The petitioner sought extraordinary relief in the form of a writ of mandamus compelling the Board of Veterans’ Appeals to decide his appeal within 45 days, arguing that the Board had unreasonably delayed adjudication and had been deciding certain appeals out of docket order. While the petition was pending, the Secretary notified the Court that the Board had issued a decision remanding the underlying appeal to the agency of original jurisdiction. Applying its mootness doctrine, the Court explained that when all relief sought in a petition for extraordinary relief has been afforded, the petition becomes moot. Because the Board had already acted on the appeal, the Court dismissed the petition.

A petition for extraordinary relief is moot when subsequent agency action grants the relief sought, leaving no live case or controversy for the Court to decide.

If the Board acts while a mandamus petition is pending, the petition will usually be dismissed as moot, even if the petition originally challenged delay.

This is a practical reminder that extraordinary-relief practice depends on a continuing live controversy. It also shows that the Court will not issue advisory relief once the agency has already provided the requested action, so timing and post-filing developments are critical in delay cases.

Seeking mandamus relief after the Board has already issued the requested decision or remand, which can render the petition moot.

A veteran files a writ petition asking the Court to order the Board to act on a long-pending appeal, but before the Court decides the petition the Board issues a remand order on the same appeal. The Court dismisses the writ as moot because the requested relief has already been obtained.

Use this case to argue mootness when the agency has already taken the action demanded in an extraordinary-relief petition. It is also useful as a cautionary authority in delay litigation: once the Board acts, the writ petition generally cannot proceed.

Aronson v. Brown, Chandler v. Brown, Thomas v. Brown, Solze v. Shinseki