If It All Starts With The C-File, Then How The Heck Do We Get It?

[ihateliver]

I call the VA and they hang up on me after they inform me I need to write a letter to the VARO in Baltimore. Ok what kind of letter? I visited the DAV there and the rep said that he completed a FOIA request for me but I don't see it in ebenes.

I have sat on my 40% for over 20 years without 1/100th of the knowledge I've been learning through this site. I know beyond a shadow of a doubt I've been low balled.

I have most of my military records but I don't want to send duplicates of what the VA has reviewed. However I do not know how my ratings were reviewed.

Can anyone inform me on how to properly request my c-file? Thank you.

[TexasMarine]

Call your rep. Ask for a status report on your C File request. Explain that you haven't seen the request on ebennies, and was wondering if he could help.

I had a FOIA request take in excess of two years. If you don't "bug them", they'll forget about you.

[Andyman73]

ihateliver,

I went 15 years, and stumbled on this site while looking into AO and spina bifida in Nam Vet kids. That was this past late winter/early spring. I did accidently manage to get bumped to 60% just before finding Hadit. I so wish I had stumbled upon this here glorious website all those 15 years ago! I've been waiting on my C-file for 2 months now, ebennies shows "in review" status.

[USMC_VET]

To Get your C File....

Fill out and submit a SF 3288

Send to

DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER
PO BOX 5235
NEWNAN, GA 30271-0020

FAX: TOLL FREE: 844-531-7818
DID: 248-524-4260

SERVING THESE AREAS:

ALABAMA, CONNECTICUT, DELAWARE, FLORIDA, GEORGIA, INDIANA, KENTUCKY, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MISSISSIPPI, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OHIO, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, VERMONT, VIRGINIA, WEST VIRGINIA, AND PUERTO RICO

DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 5235
JANESVILLE, WI 53547-5235

FAX: TOLL FREE: 844-822-5246 (844VACLAIM)
DID: 608-373-6690

SERVING THESE AREAS:

ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, HAWAII, IDAHO, ILLINOIS, IOWA, KANSAS, LOUISIANA, MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, OREGON, SOUTH DAKOTA, TEXAS, UTAH, WASHINGTON, WISCONSIN, WYOMING, AND THE PHILIPPINES

in That Form in the large block for "Information requested" put this in there

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I hereby request a copy of all documents contained in Mr. NAME claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides; including all handwritten notes, post-its and all decision forms or blue sheets as they are sometimes known

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).

Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d).

Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information.

This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you.

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SEND THIS VIA CERTIFIED MAIL/RETURN RECEIPT

I have my request in since 6/8

If i were you I would once every week request via IRIS a LETTER update on the status of the request. This means they send a letter to you with the update. This creates a paper trail. For faster info on top of that call you VSO or VA 1800 # on top of these IRIS requests.

[ihateliver]

A thousand thanks USMC_VET

[Gastone]

Getting your C-File, pack a lunch.

Everything you read on Vet Sites, about prosecuting your appeal, indicates the importance of obtaining your C-File. A couple years ago, while I had a NOD DRO Hearing pending since 2010, I hand delivered a Statement in Support of Claim requesting to View my C-File at the Det RO and then get a complete copy of the C-File.

The SISOC form was date stamped and placed in my file as a FOIA request. as of 09/2012. That was the last contact with the VA regarding my C-File. The File itself (8 inch thick) arrived the middle of 01/2014. Called the VA 800 number, forget about that, they know less than we do. Everything is always pending. Never did get a chance tp review the C-File at the RO. There were no documents from end of 13 or all of 14 in the file.

Semper Fi

Gastone

[Pete53]

If you can get to your VARO you can review your C File with a Counselor. If something is real important they will usually make a copy for you.