context: The Court notes that an appellant who feels that the deferral of a decision in his claim was not appropriate or has delayed a final decision unreasonably is not without recourse. The appropriate action would be to file a petition with the Court challenging the Secretary's delay.
citation_a.signal: cf.
citation_a.identifier: 20 Vet.App. 52, 56-57
citation_a.parenthetical: noting that a claimant may file a petition if Secretary refuses to process a pending claim
citation_a.sentence: Cf. DiCarlo v. Nicholson, 20 Vet.App. 52, 56-57 (2006) (noting that a claimant may file a petition if Secretary refuses to process a pending claim); but see Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004) (cautioning that a petition for extraordinary relief may only be granted where: (1) The petitioner lacks adequate alternative means to attain the desired relief; (2) the petitioner demonstrates a clear and indisputable right to the writ; and (3) the Court is convinced that the issuance of the writ is warranted).
citation_b.signal: but see
citation_b.parenthetical: cautioning that a petition for extraordinary relief may only be granted where: (1
citation_b.sentence: Cf. DiCarlo v. Nicholson, 20 Vet.App. 52, 56-57 (2006) (noting that a claimant may file a petition if Secretary refuses to process a pending claim); but see Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004) (cautioning that a petition for extraordinary relief may only be granted where: (1) The petitioner lacks adequate alternative means to attain the desired relief; (2) the petitioner demonstrates a clear and indisputable right to the writ; and (3) the Court is convinced that the issuance of the writ is warranted).