RBrogen

Thanks GeekySquid .... I try to put myself in their shoes as well.  The people working at the VA know they history of the VA has been deplorable and that they have a LONG way to go to get where they should be as an organization.  But I find you get a lot more help with kindness, understanding and perseverance than irate yelling, demanding and posturing.  There are a lot of good people at the VA, and some not so good.  Given the chance, most will help you but you have to own your side and responsibility for your claim.  That means educating yourself to all of your claimable conditions, understanding 38 CFR and how to present your condition in such a way to make it undeniably connected and ratable. You also have to READ EVERYTHING multiple times to ensure you understand exactly what the diagnosis are, potential SC conditions, denial letters, C&P reports etc.  It's WORK but it is ultimately your responsibility to do that work if you want to get your claim approved and rated appropriately.
Unfortunately where I think many get bogged down is that they don't know where to start or don't educate themselves to the process fully.  You can't expect a quick or accurate claim adjudication if you just say I have X condition(s), go look at my medical records and pay me.  You have to lay each condition out methodically, connect the dots for NEXUS and provide support documentation so that a C&P examiner and Raters can look at your claim and say ... Ahhh, condition 1, here's the nexus, here's the proof .... let me assign the rating.  Versus, here's a vague condition, they want me to troll through hundreds if not thousands of pages of hard to read medical records to find the preverbal needle in a haystack.  I've been working with several veterans to give them the shell of the process so they can then educate themselves like I did.  I think the more of us that take this approach, the more we'll see positive results.

When the denial was blatantly illegal use of FOIA Exemption 6 I think it was right in  her wheelhouse to say WTF to the RMC Director and the OGC.  A combination of things, not a small factor of which is the great feedback and information shared here on Hadit!

that will be rich if complaining to the FOIA Director will over rule Denials, bogus or not, on FOIA requests. That director will soon have to change her phone number.

@asknod - Yesterday I read about Ex Writs to include information from your website. Which has raised a few questions, that I hope you may be able to answer? 
 The first step would be to write Records Management. In the letter, I should let them know that if they don't reply with my request, I will file a Ex Writs. There should be a 30 day timeline on this. If they do not reply within that 30 days, file a Ex Writs.  I read on your website (I tried to get back to the post, but could not find it). Somebody had the same issue I have in that they had not received all of their records. In their case, they got to the BVA and the Judge's (I believe) records were 3 times more than the Veteran file. I had this happen during a C&P Exam and want those records. What type of wording would I use, since a standard FOIA wording is not working? Or is there somebody I can call to get my hidden files? Using a different form? ETC... The VA is collecting information on us Veteran's that they are unwilling to release and this is wrong. How much of this information is misleading in order to deny our claims?
Thanks,
Patton

No worries at all .... the more info out there for all of us the better.

No worries at all .... the more info out there for all of us the better.

Wow, I never thought I would get this many replies. Sorry for the high jack RBrogen. I just thought that it was related to your post.
I think I would have a problem with a Law Suit, since I work for the U.S. Government in Germany. I am going to do a little more research but I am going to get them to fix the problem.

I believe what Asknod/Alex is saying is only 11 won the writ process because the action was completed before it actually go to the judge i.e. no longer necessary because the deed was done.

Thanks RBrogen! 

Here's how to file OIG Complaint online ... just did one a couple of days ago:  https://www.va.gov/oig/hotline/

@GeekySquid I am on the same wave length. LOL! When somebody try's to miss lead me or tells me I can't do something, I am all out to prove them wrong. 

Here's how to file OIG Complaint online ... just did one a couple of days ago:  https://www.va.gov/oig/hotline/

UPDATE:  Okay bear with me on this one.  So as you may have read in this thread that I got a denial for my C-File request via FOIA Appeal from the Office of General Counsel for the VA citing Exemption 6 as the reason.  As it was so perfectly documented here by GeekySquid, this was actually illegal given the fact that in the first paragraph of the Exemption 6 rule it states that Exemption 6 CANNOT be invoked with the requesting your own records. 
Last Monday, I figured out of the "why not closet", I'd try to call the FOIA Liaison number on the letter that was only 3 days old and see how this decision could even be considered.  Come to find out that the person listed as the contact was and has not been the FOIA Liaison for a while.  The person was very nice and gave me the number of the current FOIA Director.  I called expecting an assistant or voicemail but was very surprised when the Director actually answered the phone.  My initial thought was that the FOIA Director's tone was that I was bother/interrupting her.  I succinctly explained my situation, and told her the reason cited in the letter for denial and she didn't say anything about that UNTIL I said, "How can this be invoked when the US Justice department rules for Exemption 6 clearly state in the first paragraph that the Exemption 6 CANNOT be invoked when one is requesting their own records."  Her entire demeanor shifted to one of concern and interest.  She said " I don't know who said that in the letter but it definitely isn't accurate" to which I replied the name of the Chief Legal Counsel, and the FOIA Director said, I know her personally and she knows better.  She asked me to send her a copy of the letter which I emailed to her and said she'd reach out to the appropriate people and see what was going on.
I followed up on Friday because I hadn't heard from her and she wrote me back saying she had reached out to the Records Management Center (RMC) for explanation and was waiting to hear back.  Today I sent another followup and she almost immediately sent me a note back and said that she had heard back from the RMC Director and that they are asking the team that is assigned to my C-File FOIA to work my request this evening and that I should receive a response soon.
I still have my Federal US District Court suit waiting to be submitted as a backup plan if I don't get my C-File in short order.
I'll keep you posted.

GOOD!!!!!!! Nothing like taking the Bull by the horns,that is interesting- what the Director told you-
 The last posthumous C & P result I got was as outrageous as the ones they did over 20 years ago.
In one part of the exam the examiner stated it was an inperson interview with the veteran who had been dead by then for almost 2 decades.
I was furious but then I noted an addendum that stated the veteran was not interviewed in person.
Then I learned that this examiner runs the Agent Orange Registry program in NY.She is  a bonafide internist, but I could find nothing beyond that, that showed she had any expertise at all, regarding 
anything.She was not a contractor, but was employed by the VA.
My medical evidence overcame the lousy C & P exam under a CUE.
 

UPDATE:  The VSO I was working with sat on my claim for another 6 weeks and didn't file anything so I took it back.  I went to the C&P Examiner's boss who is the Director of the C&P for the facility and he was "fully aware" of my situation and said that he used my case and evidence as a "Training Opportunity" for the examiner.  Ultimately after a few minutes talking with him, he sent an email to his VBA connection and said that the he completely agreed that I should get a new C&P exam.  After I also went to my RO and discussing it with them as well 2 times, I finally got someone on the phone at the VA to help me.  My claim is now back in Gathering Information stage and I have been told I am receiving a full new C&P exam at a different location that I chose.  I should be able to get it scheduled hopefully next week and correct this BS.

UPDATE:  The VSO I was working with sat on my claim for another 6 weeks and didn't file anything so I took it back.  I went to the C&P Examiner's boss who is the Director of the C&P for the facility and he was "fully aware" of my situation and said that he used my case and evidence as a "Training Opportunity" for the examiner.  Ultimately after a few minutes talking with him, he sent an email to his VBA connection and said that the he completely agreed that I should get a new C&P exam.  After I also went to my RO and discussing it with them as well 2 times, I finally got someone on the phone at the VA to help me.  My claim is now back in Gathering Information stage and I have been told I am receiving a full new C&P exam at a different location that I chose.  I should be able to get it scheduled hopefully next week and correct this BS.

They don't make it easy because if vets have all of the information it makes it more likely that they will find new conditions to claim.
 

I say this because I did some research and found this lawyer who specializes in veteran's claims and who is a vet himself.  According to his information (and templates for use), you use the FOIA process to hold the VA accountable because it has a deadline for producing the documents (which the VA tries to ignore).  According to this lawyer, the VA says that you can't use FOIA because it should be a Privacy Act request and tells veterans that their FOIA is denied but it will be responded to under the Privacy Act request path.  The problem with that is that FIRST: the have no legal reason for denying a veteran their own c-file via FOIA, SECOND:  The Privacy Act has NO DEADLINE so the VA can stall as long as they want without any worries.
The FOIA process is 
- FOIA ORIGINAL REQUEST (time it and mark 20 business days) :  I did this in March 2019 and my FOIA request shows in my E-Benefits.  I have had ETA deadlines pass but still have not received my C-File.
- FOIA APPEAL REQUEST (sent to original FOIA recipients as well as Office of General Counsel Veterans Affairs):  I did this on July 17, 2019, CERTIFIED MAIL and got myself a letter from the Office of the General Counsel today July 27, 2019.  The letter said my FOIA was denied for FOIA Exemption 6 but remanded to be handled under the Privacy Act path.  Now, FOIA Exemption 6 "protects records the release of which would lead to clear unwarranted invasion of personal privacy."  Uhhhhh, it's MY C-FILE, MY INFORMATION so no invasion of personal privacy.  See the rub here?
- Lawsuit for failure to comply with FOIA laws which should cover filing fees and if you hire an attorney. :  Getting ready to do this next week if when I call then FOIA mediator listed on the Appeal denial letter, I'm not satisfied with his answer.  I'm also going to be doing a filing fee waiver of the $195 filing fee so hopefully the filing won't cost me anything since I'm doing it myself.
 

I say this because I did some research and found this lawyer who specializes in veteran's claims and who is a vet himself.  According to his information (and templates for use), you use the FOIA process to hold the VA accountable because it has a deadline for producing the documents (which the VA tries to ignore).  According to this lawyer, the VA says that you can't use FOIA because it should be a Privacy Act request and tells veterans that their FOIA is denied but it will be responded to under the Privacy Act request path.  The problem with that is that FIRST: the have no legal reason for denying a veteran their own c-file via FOIA, SECOND:  The Privacy Act has NO DEADLINE so the VA can stall as long as they want without any worries.
The FOIA process is 
- FOIA ORIGINAL REQUEST (time it and mark 20 business days) :  I did this in March 2019 and my FOIA request shows in my E-Benefits.  I have had ETA deadlines pass but still have not received my C-File.
- FOIA APPEAL REQUEST (sent to original FOIA recipients as well as Office of General Counsel Veterans Affairs):  I did this on July 17, 2019, CERTIFIED MAIL and got myself a letter from the Office of the General Counsel today July 27, 2019.  The letter said my FOIA was denied for FOIA Exemption 6 but remanded to be handled under the Privacy Act path.  Now, FOIA Exemption 6 "protects records the release of which would lead to clear unwarranted invasion of personal privacy."  Uhhhhh, it's MY C-FILE, MY INFORMATION so no invasion of personal privacy.  See the rub here?
- Lawsuit for failure to comply with FOIA laws which should cover filing fees and if you hire an attorney. :  Getting ready to do this next week if when I call then FOIA mediator listed on the Appeal denial letter, I'm not satisfied with his answer.  I'm also going to be doing a filing fee waiver of the $195 filing fee so hopefully the filing won't cost me anything since I'm doing it myself.
 

I would bet they do an additional C&P .... it's a strategy to try and get vets to miss an appointment so they can outright deny or get frustrated with the repetitive BS and quit trying.

I had a similar situation where I had a undeniably inadequate C&P that I documented over 14 major issues.  The examiner's boss even said they agreed I should get a new C&P, it just got reopened so we'll see how it goes.

Yes and the importance of them measuring your scars and not just guessing.  I still have to have them add a scar because when I was at the C&P, I thought they were only interested in scars that were from surgical procedures that I had but I should have had them include one that happened when I got my jaw broken, not just the surgery to fix it.

I hear you.  I had a hell of a time trying to get going again.  Spent literally 8 months trying to find someone who would fill out a DBQ for me and was told "not no, but HELL NO" by both private and VA docs.  By chance, I saw a guy on LinkedIn who is a VA rep and after about a month of going back and forth, he put me in touch with one of the heads of the local VA hospitals.  I explained all I wanted to do was get my DBQs completed for benefits.  This guy promised me that he would help and he has been amazing.  Within 24 hours I had people calling me, making appointments etc.  I have learned a TREMENDOUS amount about the process, pitfalls and nuances but I like to gut check with others who may have gone through it already since a lot of the documentation is vague in describing ratings, levels and conditions.  I've been spreading the word as much as possible and try to answer all questions or at least point people to someone who can answer them because no vet should have to go this alone.

I hear you.  I had a hell of a time trying to get going again.  Spent literally 8 months trying to find someone who would fill out a DBQ for me and was told "not no, but HELL NO" by both private and VA docs.  By chance, I saw a guy on LinkedIn who is a VA rep and after about a month of going back and forth, he put me in touch with one of the heads of the local VA hospitals.  I explained all I wanted to do was get my DBQs completed for benefits.  This guy promised me that he would help and he has been amazing.  Within 24 hours I had people calling me, making appointments etc.  I have learned a TREMENDOUS amount about the process, pitfalls and nuances but I like to gut check with others who may have gone through it already since a lot of the documentation is vague in describing ratings, levels and conditions.  I've been spreading the word as much as possible and try to answer all questions or at least point people to someone who can answer them because no vet should have to go this alone.

Why not skip the HLR and go straight to the NOD at the BVA? It's just as fast as the HLR and you get real lawyers looking at it-not illiterate GS=10 VSRs. Without new and material evidence to submit to change the decision (assuming no CUE)  in a HLR, you might as well go straight to DC. If you lose, the Judge will tell you why and you can turn around and go back to the supplemental lane and submit more evidence to win with. You still keep your effective filing date too.