Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Ken1

Foia - Freedom Of Information Act

Question

How many vets have used the FOIA to use in their claim process? What is the normal cost for this information? When using this information did you win or lose your claim?

Thanks for any reply

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

What information do you want to get and from who?

Share this post


Link to post
Share on other sites

Ad

Getting a copy of your "C" file from the VA is generally without charge. They can charge for additional copies.

Cost is extremely variable, although there are limits.

FOIA time limits are generally ignored by the VA. The VA likes to say that the FOIA time limit is satisfied or suspended by sending you

correspondence, or something other than what you asked for. It's extremely important to obtain a copy of your military records (including medical)

and your "C" file (if it exists) before you submit anything other than a simple and relatively low level claim.

When RO's start "messing" with a veterans file, the chances of losing records (especially those favorable to a claim) seem to increase greatly.

My personal experience with this involves the mysterious disappearance of a "CUE" able denial made in the late 1960's, and a military hospital doctor's statement stating "duty related".

The disappearance occurred between 2006 and 2008, and involved records that had quietly resided in the "C" file for many decades. The "CUE" able denial was repeated in the same time frame

as that of the records disappearance. (Strange, that!)

FOIA does force the VA to acknowledge the request, and blatant disregard can cause the VA some administrative trouble. In a serious situation, it can be used by a lawyer to help a claim.

(Again, too many gory details.)

How many vets have used the FOIA to use in their claim process? What is the normal cost for this information? When using this information did you win or lose your claim?

Thanks for any reply

Share this post


Link to post
Share on other sites

I have a copy of my "C" File but on an earlier post I asked a question. In 1964~67 the old style Cotton mattress (2"~4" thick) I remember when you were issued your mattress I remember it had some oder. What chemicals were used on the mattress? Was it sprayed for bed bugs? In the process one vet suggested that I look into FOIA. Thanks for any reply.

Share this post


Link to post
Share on other sites

I have used FOIA a lot over the years.

These requests have to go to the exact FOIA department stating where the info could possibly be found.If known.

For example I FOIAed our local town office ,and could tell them exactly what file cabinet the info would be found in.

But some FOIAs take a lot of time for little results.It took me over 2 years to get a disk under FOIA from the Dept of HHS regarding deaths attributed to a few meds the VA had dispensed to my husband.

I won the VA claim before I even got the HHS disk.

However-you asked about chemicals in a bug spray on mattresses in 1965. DOD and not VA would be the best place to start but why would you need this info?

If you have a residual documented and ratable disablity you feel is directly due to inservice bug spray 40 to 50 years later

you would need a very strong independent medical opinion to support that conclusion.

They probably used DDT in those days.

Kurt Priessman was relentless in using FOIA with the Defense Department in order to prove they used AO there on the perimeter of his base in Thailand.

His results were published on the net and also VA developed a special Directive on Thailand claims due to his work.

He has helped numerous Thailand vets since prove they were exposed to AO.But FOIAS - as I sure have experienced- can become a lot of work-

another Dept of Labor FOIA I sent got me info that was so great, I almost did a cartwheel.

Although VA awarded that specific claim I needed the info for -acknowledging but without even considering the DOL evidence, I still have it because it was so good.And one never knows what they might need to produce in the future to the VA.

You would be FOIAing for info as to DOD aquisitions of bug sprays in the 1960s for the purposes of disinfecting military mattresses.

However, if you dont have any ratable residual disability that could be attributed to this spray I dont see the point in FOIAing for the info.

During those years incountry Vietnam vets surely had residuals of AO on their beds- when they even had beds.

Maybe the AO killed any mattress insects.

Share this post


Link to post
Share on other sites

Searching for information that could support my claims of reoccurring prostate cancer and Peripheral neuropathy when no one in my family (Both sides) has ever had these problems. Yes it could have been DDT or Cholordane.just wanting to line up as many ducks as possible.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines