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Confusedvet1
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About Confusedvet1
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Rivet62 reacted to a question:
Hopefully some really good info for all soon!
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Rivet62 reacted to an answer to a question:
Hopefully some really good info for all soon!
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GBArmy reacted to an answer to a question:
Hopefully some really good info for all soon!
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My office is about an hour and a half away. The congressional liaison I spoke with at the office said it's usually possible to make a same day appointment to get my records like you say. However the VA website only provides the Peggy line as contact for RO and obviously they can't really make same day appointment since they are on other side of country from me. I also learned something interesting. Apparently when they email you a copy of a decision if it's been over 10 days they are actually violating the privacy act since you didn't submit a request for it in writing with your signature. Now if they did require that then we all know it would likely take months to get it which would severely impact your due process rights for appeal.
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Getting close on this. National call center is being problem child and I feel like I'm finally figuring out why the VA sucks. The main problem is the fact that the VA is so decentralized it can't be effective which effects morale and retaining good employees. I'm working with FOIA people and provided them with a recorded call that the national call center did not provide them to hopefully get this sorted.
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Just thought I would update again. Still nothing lol. I emailed the FOIA office again asking for a tracking number if available so I can track it's progress online. I haven't heard back about they either which is strange but I'll give them another week or so and reach back out.
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Confusedvet1 reacted to an answer to a question:
Hopefully some really good info for all soon!
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The actual regulation regarding how long you have to wait before they can email letter is contradictory. It states 10 mailing days then also says 14 calendar days while I've gotten the operators at national call center to admit 10 mailing days includes Saturdays. Ive spoke with multiple people about making people wait and they have said it's about protecting veterans LOL. There are "privacy" concerns about making the letters available immediately online. You also can't waive that privacy concern and I have yet to get an explanation on how waiting 10 mailing days makes your privacy anymore protected. My problem with all this is that it effects your due process rights IMO. For example you get a final decision letter from BVA and you see part of it is denied. Well you don't know why they denied something until you read it. BUT you only have 120 days to file with US court of appeals which starts the day they mail the letter. Problem is they don't actually mail the letter the day they say they do and they make you wait the minimum of 10 mailing days before sending it to you electronically. So not only does the justification for their policy not make sense but it also deprives you of time to get your appeal ready and submitted. When I brought up the fact that I can see my VA medical records online they said it's a different department in VA with different policies.
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That's crazy, it should take that long to send a specific exam report.
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Just thought I would update. I'm sure I'll be disappointed but hope to have my FOIA request fulfilled this week. The national call center has been having some IT problems apparently.
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Confusedvet1 reacted to an answer to a question:
Hopefully some really good info for all soon!
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C files can be done by sending in foia request to the evidence intake center as well I believe.
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blahsaysme2u reacted to an answer to a question:
Hopefully some really good info for all soon!
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blahsaysme2u reacted to an answer to a question:
Hopefully some really good info for all soon!
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blahsaysme2u reacted to an answer to a question:
Hopefully some really good info for all soon!
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I reopened iris inquiry again and said I would appreciate the actual laws and regulations relating to making veterans wait for decision letters etc. They also couldn't confirm if I sent foia request to right person since they don't have any updates guidance since the days of faxing or mailing them into the evidence intake center.
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Confusedvet1 reacted to an answer to a question:
Hopefully some really good info for all soon!
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I just emailed my request to this email foia.vbaco@va.gov addressed to Angela c Davis. As of November 2020 the VA accepts foia requests electronically as well. I still need to call Peggy tomorrow and have them reopeny iris inquiry because they haven't addressed questions or sent me the information that I just requested via foia
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Confusedvet1 reacted to a question:
Peggy for newbees
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Confusedvet1 reacted to an answer to a question:
Hopefully some really good info for all soon!
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Should I make mine more specific? I'm just looking for the information that was associated with the iris inquiry that both operators told me was in there. One operator said the letter was sent may 14th (never got anything) and a later supervisor saw there was a bunch of info associated as well but that it wasn't closed yet. What I ended up getting was an email response unrelated to anything I asked for. So it's hard to be very specific about what I want when it's being hidden and denied to me. To me my request seems pretty straight forward and hopefully not to complex. The information I want is also in the iris system and not my claims file which is another reason why I don't know where to send request. This information isn't claim specific to me either.
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So I found a sample letter on VA website and used that as a guide and added more to it. This is likely what I'll end up sending with additional information filled out once I figure out where I need to email it since there are a lot of FOIA officers in different parts of VA. I'll call Peggy tomorrow and ask where to send it as well to open up the iris inquiry again. Address Address Date of request Department of Veterans Affairs <<Office you wish to submit your request to>> <<Office Street Address>> <<Attn: FOIA Officer’s name>> Dear <<FOIA Officer>>: This is a request under the Freedom of Information Act. I request that you submit a copy of all records and documents associated with iris inquiries xxxxxxxxxxx and xxxxxxxxxxx. Including but not limited to any documents, records, VA internal communications, etc regarding those inquiries. I'm also specifically looking for the information associated with one or both of those requests referenced by an operator at the 1-800-827-1000 phone number on May xx with a call starting time of approximately xxxxxx EST. Also the information I'm looking for was referenced on a call on May xx that started at approximately xxxxxx EST which was escalated to a supervisor who informed me there was a lot of great information associated with my inquiry including but not limited to PDFs. I would like this information to be provided to me in electronic format and by email or secure email. I am willing to pay up to $250 for the processing of my request if required by law. Please notify me if you estimate the fees to exceed this amount. I believe my request may be entitled to a fee waiver as well. Based on the telephone calls referenced above I believe this information is in the public interest including but not limited to understanding how the VA operates and the information I seek is not primarily in my commercial interests. If you have any questions, I may be reached at xxx-xxx-xxxx but I prefer communication by e-mail at xxxxxxxxx@xxxxx.com Sincerely, Xxxxxxxxxxxxx
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Part 1 of figuring out FOIA request. This is my first time doing a FOIA request. First place I started reading was here https://www.foia.gov/how-to.html to start figuring out the process. This seems like an important section "A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests." So I just have to figure out how to word my request to get the information I'm looking for. Any suggestions? I'm thinking something like. To whom it may concern, I am requesting any and all documents and records pertaining to iris request xxxxxxxxxxxxxx. Including but not limited to , internal government communications regarding the iris request, notes from call center when I called regarding that request, documents , PDFs, etc that were associated with the request and referenced by call center supervisor on this date at this time. I request this information be provided in an electronic format. Thank you I still have to look at VA website to see what the process is for them to make sure I submit it using there rules.
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I spoke with Peggy about my award letter as well as with my lawyer. My understanding is that the BVA decision says they owe my backpay prior to oct 2020 which is the effective date the VA gave me when I got new C&P exam because the BVA said the original one wasn't complete. The RO said the new exam is the first diagnosis of painful scar. However the judge in BVA decision says that there are lots of complaints going back in time and that my effective date should actually be earlier. It also says that I'm not entitled to more then 10% (I agree completely). But i am entitled to 10% moving forward for the scar. it doesn't change my over all percentage though (currently at 30%). ETA: the original exam said there was no pain which was a lie and why I got it documented medically and the judge saw that in my records which is why he brought it up in decision.
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It's so funny you bring this up lol....... I was told by a Peggy supervisor among other things that they can't put letters online for veterans to see instantly because of the privacy act (wouldn't tell me what one and made it sound like there is a super secret one for VA employees????) And it would also affect appeal rights (wouldn't explain how when I asked) . The kicker though is that the other reasons they can't put the letters online for veterans to see because it's sensitive private information. So I asked why I could download my VA medical records and view those? The supervisor then said that's a different department of VA and they have their own rules and policies. So am I to conclude that the VA as whole has determined that award letters are more private and sensitive then medical records? I guess that's why in past I had a VA Dr tell me I had a heart condition and gave me a ekg printout (she didn't give me an EKG lol) and told me to take it to cardiology. Well that ekg was for a veteran of the opposite sex and 20 years older with that veterans name on it and clinic name!!!
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Scottish_Knight reacted to a question:
Hopefully some really good info for all soon!
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Scottish_Knight reacted to an answer to a question:
Hopefully some really good info for all soon!
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Ok I'll do that then in the hopes it inspires other veterans to do the same in the future. Any idea what section I should put it in on this forum?
