FOIA

[green]

I always thought by law a FOIA request needed to be addressed within 30 days.  This is what I found on Ebenefits (keep in mind I originally submitted a FOIA for my C-File and any related rating documents 11/2014  but apparently they now have no record of the request.  I submitted the request again in May and didn't even receive acknowledgement until July.

Status of Your Claim

Gathering of Evidence

• Submitted: 05/27/2016 (Freedom of Information Act / Privacy Act Request)
• Estimated Completion: 01/31/2018 - 01/18/2019
  Estimated Completion Info Tooltip with additional information

[Gastone]

Can't say I've filed any other FOIA Requests, other than for my C-File. The VA Addressed  your FOIA request, when they acknowledged receipt of it by US Mail. Addressing & completion of the Request seem to be (2) different things.

I can't recall any Vet posting that they got their C-Files, on paper or now on CD, in less than a year. When I got mine in 01/2014, 9in of paper and was only complete up yo the FOIA Filing Date of 09/12.

If there is something in your C-File that you are certain that really need to see and make a copy of, make an appointment for a Supervised Personal View and ability to make limited page copies, at your RO. Not easy to do but it can be done.

Semper Fi

[TALON II FE]

Mine says about the same, 2018-2019.  I submitted several months before yours.  Complete BS!  I tried in person, and they said my file is "too big" to just print out for me.  Meanwhile, I have several contentions which will hit the one year mark since the decision in just a couple months.  How can I/we argue what they decided without knowing what they used to make the decision? 

[VietnamVetSis]

This is the same dilemma I'm facing.   Requested a copy of my brother's April 2016 C&P Exam.   Completion date of 2/18 - 2/19 is noted on eBenefits.   Review of this exam is crucial for Notice of Disagreement and supporting evidence for PTSD/Schizophrenia service connection.    Even have a psychologist waiting in the wings to critique the exam when I get it.   Looks like if and when it comes, it will be well past the 1-year deadline.   The VA needs to address this wait problem.   Veterans are entitled to receive their service medical records expeditiously.    

[green]

From the FOIA website:

Can I ever have my request processed faster than usual or expedited?

Under certain conditions you may be entitled to have your request processed on an expedited basis. There are two specific situations where a request will be expedited, which means that it is handled as soon as practicable. These two situations apply to every agency. First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety. Second, if an individual will suffer the loss of substantial due process rights, his or her request will be expedited. Agencies can also allow expedited processing for additional reasons. The websites for each agency will provide more information on any additional standards for seeking expedited processing.

[jimbostaken]

7 hours ago, VietnamVetSis said:

This is the same dilemma I'm facing.   Requested a copy of my brother's April 2016 C&P Exam.   Completion date of 2/18 - 2/19 is noted on eBenefits.   Review of this exam is crucial for Notice of Disagreement and supporting evidence for PTSD/Schizophrenia service connection.    Even have a psychologist waiting in the wings to critique the exam when I get it.   Looks like if and when it comes, it will be well past the 1-year deadline.   The VA needs to address this wait problem.   Veterans are entitled to receive their service medical records expeditiously.    

Not sure if this will help. I was able to see all the notes and the completed C&P form from my C&P about 4 or 5 days after it was completed, by using the blue button on MyHealthEVet. Make sure you specify dates, or your'll get tons of crap to wade through. Mine was for audiology, so maybe it's different for Behavioral Health C&P's. Either way, I wanted to see what they really wrote down, not how I thought the exam went.