Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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


  • 2023-foeum-banner.jpg

     

     

     

     

     

     

     

  • red-rectangle-thin-bar.png

     

    Ask Your VA Claims QuestionThe LatestVeterans Crisis Line


     

     

     


    red-rectangle-thin-bar.png

  • Get Your HadIt.com Merch! Check them out here2022-11-16_06-22-29.png

  • Who's Online   0 Members, 0 Anonymous, 15 Guests (See full list)

    • There are no registered users currently online
  • 0

Foia Guidelines. Getting Nowhere.....sue In Federal Court May Be The Only Way


Capt.

Question

Hello All,

The FOIA guidelines I have researched and after over 20 of them which have been very poor return efforts , I thought it would be good to let our members see what the law says and what is available.

Basically once you start FOIA and you start the process , keeping records of correspondance is important. Yes send request certified so they sign for it. Now this is not just VAROs but any government agency. If they will not release records that are not sensitive to national security as discussed in this document then the Veteran or Survivors can file suit in Federal Court. There may be monetary damages as should be , and the Federal Court can make a ruling to force the reports to be given to the Veteran. I would also like to share that according to the regulations in this document , the Veteran only has 6 years to file the Court Case. I personally believe that many of our Veterans are left to this drastic measure and should not be held hostage on their records. This will include the failure to react to FOIA s on C and P exams. Perhaps if enough Veterans File Federal Lawsuits on this issue then it will get the VA and Congress , IG attention. HHHHmmmmmmm imagine if all of our members submitted FOIAs and after the wait period and no answer everyone just went down and file the suit in your local Federal Court House. Now that would get some requested documents and probably a change to attitude of why you should not mess with our Veterans Due Process laws.

To further expound on this , the problem of why FOIAs are so ignored brings the Due Process or Lack their of to our Veterans and obvious violation of a Veterans Rights. (SEE SECTION V and VI of the enclosed Document) Remember the one year appeal process means if you do not have your records because of FOIA failure request then your in a position of having a faulty claim and has to be dealt with at a higher court to deal with this massive problem. Above all a Veteran must remember to NEVER GIVE UP . God Bless, C.C. HAPPY THANKSGIVING ALL

FOAI Rules for VA.pdf

Edited by Capt.Contaminate (see edit history)
Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • Moderator

CC

Good post. Its about time someone stopped the VA from pushing Vets around like they do. Getting a copy of your C file, which is difficult to get the VA to act on in a reasonable period of time, is the first step in determing what is going on with your claim...we have no way of knowing how much, if anything, the VA has shredded without that. A lot of times we dont know the VA shredded our evidence until we get a denial saying something like, "The record is absent for the Veteran receiving treatment for x conditiion". Sometimes we know that is not true, but how do we prove we were treated? Well we need those medical records and the VA controls them, and often they dont want us to have them. Why? Well, armed with that knowledge and evidence, we can often win our benefits, and the VA doesnt want that to happen!

I agree with you that the VA should be sued for not promptly providing a copy of our C file. Time after time they delay this, so much of the time we wind up appealing without having that knowledge of knowing "what records does the VA have on me?"

I will add that the VA HAS been known to falsify Veterans records in order to deny:

http://www.vdpi.org/Fed-Circuit-Decision.pdf

Edited by broncovet (see edit history)
Link to comment
Share on other sites

  • HadIt.com Elder

Please note that time limits have been considered to be satisfied by the VA by sending an acknowledgement of your FOIA request.

Evidently, there is not a reasonable time limit to actually provide the requested records.

This is one area where getting a lawyer involved may help in getting the VA to provide the records in a more timely manner.

Link to comment
Share on other sites

  • HadIt.com Elder

When I got my C-File and really looked at it I found a copy of my original 1973 rating decision. Then I found a report from my private doctor dated 1972. I put 2 and 2 together and realized the VA had never used my doctor's report in my decision in 1973. Thanks to Hadit a bell started clanging in my head and I realized I might just have a CUE. If I had not gotten the copy of my file I never would have realized this because it had been so long ago. They could have just thrown the report from my doctor away and I would never have known it, but they are so arrogant and lazy they never looked in my file that deep in 30 years. Everyone with an old claim should read it again. My old claim is 40 years old and looks nothing like claims these days. It looks like a note from a claim.

Link to comment
Share on other sites

  • Moderator

John...

So, did you win your CUE from 1972 based on the RO not considering your medical record? I thought they could just say..."oh we considered your records and denied you anyway so it isnt CUE...we dont have to put in the decision that we considered the entire record because its required."

Link to comment
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.

×
×
  • Create New...

Important Information

{terms] and Guidelines