Jump to content
  • Latest Donations

  • 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

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines