Va Foia

[Berta]

I have downloaded most of the Western District Federal Court forms to sue VA under FOIA denial.

This will take up quite a bit of my time-but been there done that before-it will be fun-

you can sue any federal agency for a FOIA denial.Depends on many factors.

My recent denial is from Paul Hutter-the General COunsel of VA-

and his letters to me have been unique to say the least.I respect Paul but am considering asking him for reconsideration of the denial based on new evidence I have obtained.

Question (I still have time to sue them) but has anyone here ever asked for a reconsideration of a FOIA denial?

The funny thing is the VHA got a FOIA from me as well on the same basis for same info and they have forwarded it to the VISN and to a local VAMC. It would be a hoot to have the FOIA denied by the OCG but then answered by another VA department.!

I mentioned on SVR last week regarding some FOIAs that helped Kurt Priessman to succeed in his AO Thailnd award-that some of these FOIA people make many errors-in all gov departments- and sometimes you can get what you need because they erroneously send it to you.

I have gotten some whoppers over the years and was threatened with the US Marshall to come here to get some of it back-(by Dept of Labor)

Ha Ha I waited 3 days for the Marshall and then called the US Marshalls office in Rochester and they didnt have any orders at all to come here and get the info.

FOIA can be dynamite as those of you who follow the VCS web site know.

[purple]

Berta,

Is there a "back door" you can use to get the info you are after? Another agency or person to file a similar FOIA with....and not let them know about this denial? I've shotgunned out FOIA requests before to several agencies at once asking for very similar info and it kind of worked like that; where one agency denied, the others would freely answer. It was hiliarious.....but, it's the government. (It wasn't the VA though).

Just a thought.

[Berta]

Yes- I have approached this all with a tactical battle plan of action-waiting for what else I can get-

I am going to ask the OGC to reconsider the denial and then sue them.

One thing I learned from lawyers -always know the answer to any hard questions you ask-

I know the answer to what my FOIAs are asking for.

Also a lawyer who is handling a class action veterans issue has shown great interest in the situation that prompted my FOIAS but he is absolutely overwhelmed with his big case-

and a VA malpractice attorney also confirmed my belief in what the VA is trying to pull-

I dont really care what the VA does about my FOIAs-and it wont cost me much to sue them Pro Se-just time preparing the court papers etc.

The main issue is what I have asked the House Veterans Affairs Committee recently to look into-

For over a decade I thought my husband's death by VA- had a meaning and helped other vets get better care-

I was so wrong-

but when I get done with them Rod's death will have a meaning the VA won't ever forget.

And it WILL help other veterans.

[Berta]

PS- 2 other VA departments have the same FOIA and dont know it was denied by OGC and they are looking into it- but I dont expect anything to result from that either-

I got a tip- I cannot reveal who gave it to me (top level VA in DC employee)

and it was really strange-

via phone conversation-to VA in DC -

and when I digested this unusual remark-I knew I was really on to something.

There are employees at all levels of the VA who KNOW things are Not kosher there.