Foia Request

[deanbrt]

I am so mad right now I can barely write this. Aug. 17 of last year I submitted a request for copies of information in my C file of information from April to that point to my VARO. At that time, I had a remanded appeal from August 2010 and IU claim from early 2011 there. It became apparent they were treating the request like a claim and I became concerned there were holding off the decision process for it. On Nov. 22 and Dec. 12 (after I had seen the Aug. 17 FOIA request still showing as a claim) to two separate fax numbers at the VARO I faxed in letters rescinding any outstanding FOIA request I might have that would impede the decision process..

I started seeing on Ebenefits "noclaim information is available at this time" . At the end of December I was advised that a decision had been made (Dec. 20). Dec. 30 via phone from the VARO I was told it was in Authorization, then would go to my POA for review, then back to them and then I would be notiified. I have some thought what that might mean but we'll see.

Friday on EBenefits under Claims an FOIA request shows up for Jan. 5. I MADE NO SUCH REQUEST. I immediately faxed them that I had rescinded any FOIA fax request and made no request Jan. 5. I copied all of the previous faxes with it. I again rescinded any outstanding FOIA request

I am aware that a claim can hold up everything and very concerned this action is deliberate to do that. I received a letter in the mail from the VARO Saturday confirming the Jan. 5 FOIA request. I NEVER MADE THE REQUEST! Am I being paranoid?

[boomer2]

I don't if or how this would apply here but, I requested my SMR's from the NPRC about a year ago. Now I have an appeal on a claim with the VA as well as another claim. I got my SMR's from NPRC and they also sent me a letter stating that the VA would send me what they had. About two months later I got the copies of my SMR's the VA had from them. I never received a letter stating that the request would be considered another claim. Also, the VA did not have all of my SMR's in their possession.

[Mcafee]

Hello All Hope All Is Well. Ibelieve this may shed some light to LAW. http://www.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00000552---a000-.html

(1) Civil Remedies.— Whenever any agency

(A) makes a determination under subsection (d)(3) of this section not to amend an individual’s record in accordance with his request, or fails to make such review in conformity with that subsection;

(B) refuses to comply with an individual request under subsection (d)(1) of this section;

<a name="g_1_C">© fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or

(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

[deanbrt]

My next step would be to report it to OIG.....

[georgiapapa]

Deanbirt, I may be in the same situation you are in. Only time will tell. I submitted a written request to view my C-file back in July 2011 at the Atlanta RO. After waiting 3 months and receiving no reply I called the VA 1-800 number as was told they would check on it. About two weeks later I received a letter from the Atlanta VARO advising I would be scheduled for an appointment to view my file within the near future. I have not heard anymore about my appointment since that time.

In late October 2011 I submitted a new disability claim to the Atlanta VARO and followed up with all of my evidence in November 2011. I received a letter from the VARO acknowleging receipt of my claim but I have not received the duty to assist letter or any other documents. After reading Captain Contaminate's reply to you I am now worried that my earlier request to view my c-file may be causing a delay in the processing of my new disability claim. I am thinking about advising the VARO to disregard my request to view my C-file at this time and to process my new claim without delay. I will be following the replies you receive and your progress with the VA. I wish you well.

Georgiapapa

[deanbrt]

Georgoapapa. I faxed requests to two separate fax numbers at my VARO Nov. 22 and then Dec. 12, when I saw again my Aug. 17 c file request still listed as a claim, cancelling any outstanding requests they regarded as FOIA. For weeks then it read "claim information is not available as this time" and then Friday a new FOIA "claim" shows up with a Dec . 5 received date. I never submitted anything other than the Aug. 17 request. I was told by a VARO employee in December any new claim would hold up processing on my IU claim and appeal.

I am very concerned at how this has happened and think Mcafee's English may be a lot better than he lets on and that he may be trying to tell us something. If you have not been using Ebenefits try getting on right away to see if your FOIA request shows up as a claim.

[Harv]

I had, Return Receipt Requested, requested my "C" file from PGH VARO on

Dec. 15, 2011. I received a post card from the FOIA Officer on Dec 30th, 2011

that they would forward the file as soon as they could. I had already had all

my claims decided prior to this request. I too thought requesting the C File while

claims where in process would slow up my claims process. I would also agree

with Capt C's view it would not be considered a formal claim, otherwise I would

have received a VCAA letter instead of a postcard. Hope this helps.