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Foia Request

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deanbrt

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I am so mad right now I can barely write this. Aug. 17 of last year I submitted a request for copies of information in my C file of information from April to that point to my VARO. At that time, I had a remanded appeal from August 2010 and IU claim from early 2011 there. It became apparent they were treating the request like a claim and I became concerned there were holding off the decision process for it. On Nov. 22 and Dec. 12 (after I had seen the Aug. 17 FOIA request still showing as a claim) to two separate fax numbers at the VARO I faxed in letters rescinding any outstanding FOIA request I might have that would impede the decision process..

I started seeing on Ebenefits "noclaim information is available at this time" . At the end of December I was advised that a decision had been made (Dec. 20). Dec. 30 via phone from the VARO I was told it was in Authorization, then would go to my POA for review, then back to them and then I would be notiified. I have some thought what that might mean but we'll see.

Friday on EBenefits under Claims an FOIA request shows up for Jan. 5. I MADE NO SUCH REQUEST. I immediately faxed them that I had rescinded any FOIA fax request and made no request Jan. 5. I copied all of the previous faxes with it. I again rescinded any outstanding FOIA request

I am aware that a claim can hold up everything and very concerned this action is deliberate to do that. I received a letter in the mail from the VARO Saturday confirming the Jan. 5 FOIA request. I NEVER MADE THE REQUEST! Am I being paranoid?

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  • Hello All Hope All Is Well. I liked all of you have made request from OIG ,General Counsel, amendment of record to General Counsel.VISN . My Point is this they all have stated to address your concerns FEDERAL DISTRICT COURT. And I have assurred them to include Regional Counsel and General Counsel see you in Court Counseler. They are very much aware of there short and long commings but just another avenue to redirect or deter your effortts.

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Wings. think about it. One year to simply make a copy of your c file. My fear is that they made yours and mine a "claim" so they could delay work on anything else, like our appeal. I was told in December a claim has to be resolved before the appeal can process and that is my fear with this new FOIA "claim" that appeared on my Ebenefits Friday.

Mcafee, if I understand your posting correctly you are saying this is a known issue and recommending me contact the OIG. I have copied Steven Keller, Executive in Charge for BVA on all of the documentation as well as one of my senators over the past few months.I have requested from the service center manager Friday at the VARO an explanation of the Dec. 5 claim and if it appears to me it is falsified I will contact the OIG. I have the impression you may be someone in authority...

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A FOIA request is always given an end product/ EP/ claim number for tracking purposes to monitor thre " timeliness" and to make sure that the request is done. Yes your claim will be pulled from wherever it is at and be put with the multiple other FOIA requests. Best bet is to let the claim ride and then get a copy after the decision OR get a copy before you file. Otherwise, it is a crap shoot to Ask for your file whole you have a claim pending. Jmho

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"A FOIA request is always given an end product/ EP/ claim number for tracking purposes to monitor thre " timeliness" and to make sure that the request is done. Yes your claim will be pulled from wherever it is at and be put with the multiple other FOIA requests. Best bet is to let the claim ride and then get a copy after the decision OR get a copy before you file. Otherwise, it is a crap shoot to Ask for your file whole you have a claim pending. Jmho"

And that is why I cancelled my Aug 17 FOIA request Nov. 22 and Dec. 12 via faxes to two separate VARO fax numbers, only to see a "claim" for FOIA dated Dec. 5 appear Friday that I never requested.....

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Hello All,,,,,,, Ok ,,,,, I know what all other dept other than VA have done to me on FOIA request. I can accept the eneptness of the dept in question ,not giving me what I request. Got plenty of those " sorry we do not have" , "perhaps if you will check with"....blah, blah, blah..... letters.

With the VA if a Veteran is requesting Cfile and or information on a piece of evidence , I cannot follow how it can be deemed a claim as there is no diagnostic code assigned to it to formerly and legally make it a claim. It still may slow the process for the FOIA request but I cannot see in the regulations what makes it a claim and legally to be called one has to have a diagnostic code assigned to it.

Hopefully some of our other Veterans who have the answers will chime in. My gut call at the moment is that FOAI will not be a claim but assigned a formal request of record type search that has protocall and law as to how it is looked for and who looked and discovered the resultive evidence and material record as stated in the FOAI and in alot of cases............. what was not discovered from the resultive evidence and material record. Ok...... Maybe we can get some more answers from others besides myself who have used the FOIA to gather important documents and records for our claims. NEVER GIVE UP. God Bless. C.C.

Edited by Capt.Contaminate
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