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C-File Viewing Request Denied by WACO VARO

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firemoth

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Hello All, 

 Not entirely sure where to begin, but I'll try to summarize it as best I can.

MEB Discharged from USAF (Minot,ND ) Dec. 2007 for Degenerative Disc Disease - Rated 20% (They did not evaluate my hearing loss, or broken wrist and ankle as part of the MEB Discharge, or my broken/missing dentures).

Filed my VA Claim with the Fargo VA Rep during my TAMP Briefing on Nov. 19th 2007. (The big packet of paperwork).

Received call from Fargo VAMC for my C&PE in Jan 2008, I indicated that had returned to my HOR of Dallas, Tx, they informed me to check with the Dallas VAMC in 45 days to ensure my claim/information was transferred. Called 47 days later, no evidence that I had any claim in progress at Dallas OR Fargo. I then filed another claim with the Hood County VA Rep, and total of 6 more claims from 2008 to 2015. As of 6/30/2015, my FDC started in 2014 has finally been acknowledged, but has been waiting for information FROM The DVAMC since August, even though I've never received any treatment from the DVAMC.  (The drama for the other claims is for another story.)

My VSO is the Texas Veterans Commission. I spoke to them in December, and Today, about my claim and they said it was weird, and that they were sending an email to the DVAMC for clarification. (Also, in Nov 2015 I received a letter stating that my claim was kicked out of the FDC program for said missing information, but after speaking to my VSO, it's now back in FDC.) During my December phone calls to the 1-800 #, the WACO VARO and TVC office, I asked to make an appointment to see my paper c-file in person, these are their answers: 

1)The TVC VSO said she had never heard of a vet being able to look at their actual c-file in person, but she checked and confirmed that I DO have a paper file at the Waco VARO, and that it is 2-3 volumes thick) (My medical records are 736 pages alone.)

2)The WACO VARO Records Department Rep stated that they do not make appointments for vets to view their c-file, and that they do not allow viewings. They just indicated that I would have to file a FOIA request.

3)The 1-800 Rep stated I could view it by just going to the WACO VARO and going to the Records Dept, and wait in line. 

The only real reason I WANT to see my C-File is because of that initial 2007 claim. On Nov. 29, 2007 (10 days after my claim), my digital C-File states that a Service Treatment Request was submitted by the Fargo VAMC, as well as a "VA Memo" that was appended to the STR, but the contents of the Memo were not available.  I'm very concerned that if I DID a FOIA request, they would only send me the incomplete C-File everyone is looking at, as I find it hard to believe that my 3 Volume C-File does not contain any evidence of my previous claims. I'm also concerned that all my claims were also lost during the "Shreddergate" scandal of 2008-2009.

My question is then: Is it actually possible to view my original c-file, in person, at the VARO? And if so, HOW do I word it to someone so that they understand. I will gladly drive the 3 hours to Waco just to get confirmation, but I also don't want to waste my time and gas if it's a lost cause.  

Thank you for reading this far, I omitted a lot of details, but I hope it was enough information.

Sincerely,

Christopher

 

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7 minutes ago, Vync said:

This is a great idea, but if you do this, be sure to make sure you have plenty of storage room available on your device.

PLUS, once you have them in .jpeg format you can than take them into PhotoShop, or equivalent, and digitally enhance those images.  Sometimes you can even bring out detail that the naked eye does not register.

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I feel your pain, TVC did nothing but mess up my claim and delay an outcome thru misinformation and a complete lack understanding of the VA system.  They were worthless and I plan to stop in at their HQ in Austin the next time I'm up there and let them know exactly how useless they have been, since you cannot actually talk to anyone on the phone.  I am just far enough south to fall into the Houston VARO, but they farmed my claim to South Dakota so, like you, I will probably never get to see my actual C-File.  I have also been given the impression that they will no longer fulfill FOIA requests while you have an active claim, they will hold off until after the claim is finalized.  I believe they accepted this as policy in July or August, possibly.  Someone else can maybe comment on the veracity of this. 

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47 minutes ago, TALON II FE said:

I feel your pain, TVC did nothing but mess up my claim and delay an outcome thru misinformation and a complete lack understanding of the VA system.  They were worthless and I plan to stop in at their HQ in Austin the next time I'm up there and let them know exactly how useless they have been, since you cannot actually talk to anyone on the phone.  I am just far enough south to fall into the Houston VARO, but they farmed my claim to South Dakota so, like you, I will probably never get to see my actual C-File.  I have also been given the impression that they will no longer fulfill FOIA requests while you have an active claim, they will hold off until after the claim is finalized.  I believe they accepted this as policy in July or August, possibly.  Someone else can maybe comment on the veracity of this. 

Feel lucky that the Houston VARO farmed you out.  According to my lawyer, who takes cases all across the USA, the Houston VARO is the very WORSE, yet I am stuck with them...

Can't speak to the FOIA directly, other than to say I got my FOIA (C-File) request while my claim continues 14months and counting.  IMO, that FOIA request accusation is probably rumor mongering among the troops...

Edited by HorizontalMike
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54 minutes ago, TALON II FE said:

I feel your pain, TVC did nothing but mess up my claim and delay an outcome thru misinformation and a complete lack understanding of the VA system.  They were worthless and I plan to stop in at their HQ in Austin the next time I'm up there and let them know exactly how useless they have been, since you cannot actually talk to anyone on the phone.  I am just far enough south to fall into the Houston VARO, but they farmed my claim to South Dakota so, like you, I will probably never get to see my actual C-File.  I have also been given the impression that they will no longer fulfill FOIA requests while you have an active claim, they will hold off until after the claim is finalized.  I believe they accepted this as policy in July or August, possibly.  Someone else can maybe comment on the veracity of this. 

Regarding the FOIA request and in-process claims. I asked this exact question three times while at the VARO yesterday. Since my C-File is now accessible online for all organizations, there is no requirement for the claim to be pulled out. Even more so since I filed a Fully Developed Claim via their online submission process, they already have all the documents they need (ignoring my obviously missing claims), to process the claim. So any FOIA request that comes through now will be processed CONCURRENTLY to any Benefits Claims in process. 

Now, if you only had a Paper C-File, then yes. The FOIA request would interrupt the claims process because they would have to physically locate, and ship-off the C-File to St. Louis, or one of their other Records Management facilities to scan and ship you your request. At least that's how it was explained to me.  

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If they are processing your claim, they digitize the entire file (or are supposed to).  Its all in the computers now.

When you went in to review your CFile, did you take notes?  Names, jobs, excuses, ect?  Write down every word they say, if you have a phone, record them, they cannot lie about who said what or what they said if you can play the movie with a violin in the back ground.

 

Asknod had a good post about this.  Ill see if I can dig it up.

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On 1/14/2016 at 2:20 PM, firemoth said:

Regarding the FOIA request and in-process claims. I asked this exact question three times while at the VARO yesterday. Since my C-File is now accessible online for all organizations, there is no requirement for the claim to be pulled out. Even more so since I filed a Fully Developed Claim via their online submission process, they already have all the documents they need (ignoring my obviously missing claims), to process the claim. So any FOIA request that comes through now will be processed CONCURRENTLY to any Benefits Claims in process. 

Now, if you only had a Paper C-File, then yes. The FOIA request would interrupt the claims process because they would have to physically locate, and ship-off the C-File to St. Louis, or one of their other Records Management facilities to scan and ship you your request. At least that's how it was explained to me.  

I think that only the "newer" medical records/c-files are completely digitized.  Don't know how far back the purely digitized records go, but probably only 20yr or so.  Mine from the early 1970s, and I am sure Rootbeers's from 1980s as well are going to be the LAST ones to be digitized from paper.  I only got MY C-file last September, after the VARO spent ~2yr withholding my access to it while they "digitized."  The Houston VARO then turned around and printed a hard copy to send to my lawyer, even after a digitized copy was requested.

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