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C-File Requested Three Months Ago


upvet

Question

After, a C-File request is sent to the VARO, how long does it take for them to send it.......I have been waiting three months and recieved nothing..Is this normal. My Disability compensation claim is on hold..I can not get a IMO until I get the C-File....Yikes...Is there anything I can do to speed thngs up?

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Well back in July I asked for a copy of the online dependant form I filled out (link on eBenefits to print it out doesn't work). In November they added it as an open claim FOIA/Privacy Act and the expected completion is sometime next April through September.

This is through Detroit VARO.

If UP stands for Upper Penninsula I hope your VARO is out of Wisconsin!

Best regards,

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I called the 800 number and they printed and mailed a copy that day from the computer records. Maybe your VARO does not have it copied into the system yet and they have to pull your file out of the pile to make a copy. That could take a while and slow things down. Who knows, you may go to the end of the line when they put it back.

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Isint it wonderful that the VA 800 number is like playing roulette!

I tried calling first, and the friendly veterans representative told me I had to make the request in writing.

I made the request on IRIS, was told I had to submitt a FOIA form to the FOIA officer at my local VARO

I replied to the IRIS response by asking them how could it be FOIA when they tell you that you can download the copy of the electronic form from eBenefits, but the link provided by eBenefits doesn't work and no one will tell you when it is going to get fixed. I received the canned "we have already answered your question" line. So I let it be, I had already filed a new form for the boy for college and figured even though they shouldn't have taken him off the award it would propbably be quicker to just redo than trying to get them to recognize they shouldn't have taken him off.

So I was quite suprised earlier this month when they told me of my new "claim".

What I find absolutely hillarious is they labled it FOIA/Privacy Act. If it is indeed FOIA they just put into writting that they have violated the law by not providing an initial response until Nov for a request made in July.

Best regards,

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  • HadIt.com Elder

I think if you just get a copy of your SMR's you could use that for an IME/IMO. No doctor actually reads your C-File. They will look at your SMR's if it is not too long or at least say they did which is what you want. That you get from St. Louis.

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Hello All,

Isn't it something that my FOIA request for my year old C and P , QTC exam is now listed as a new claim on Ebenefits. I guess all of us are going to have to deal with it and be very patient and persistant to move this type of decisions to a victory. No matter how long it takes . NEVER GIVE UP . God Bless, C.C.

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"Isn't it something that my FOIA request for my year old C and P , QTC exam is now listed as a new claim on Ebenefits"

And that can add months and years, Capt....

And all of your other claims and appeals are tied up pending it.

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You can appeal lack of response to your FOIA request to the OGC. The OGC now accepts FOIA appeals via electronic mail. Feel free to email me for a redacted copy of a FOIA appeal but essentially you want to include the date that you filed your FOIA request, the date the VARO received it, along with a copy of the FOIA request and proof of service.

The OGC FOIA address and email are linked at http://www.foia.va.gov/foia_appeal.asp

Good Luck

Seth Director

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Hello Deanbrt and Blue,,,,, Thanks for the post information Blue. Dean ,,,, they do this to everyone so it really makes FOIA a huge obstacle for the Veteran. The Due Process is gone and a Veteran may not be able to appeal his claim because he will lack the evidence necessary for the appeal to be accurate. I cannot believe that I am the only one who sees this. Noone in Congress or the Subcommittees have brought this up.

Maybe someone can post some ideas here on the lack of Due Process due to this problem. I expounded on this on another post but got no comments...... WHY???? It is not going to get better on its own. It will take alot of people working together to bring this type of behaviour to a halt. NEVER GIVE UP . God Bless, C.C.

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Capt:

You can file a complaint in federal district court for the denial of FIOA. I've seen this occur with VA FOIA issues but usually as part of a class of Vets since there are costs associated with filing in district court. Normally, I am able to remedy these issues by simply contacting the FOIA Officer at the RO or filing a FOIA appeal.

Understand your due process concerns, and for what is worth I heard the Director of VBA speak recently and provide a detailed overview of the VAs movement towards electronic claims files. Hopefully, this will shorten the timeline for getting a copy of the file considerably.

Don't quote me on this, but I believe there are two pending cert petitions before the Supreme Court involving due process issues with the adjudication of VA claims and healthcare. I know one arose out of a 9th Circuit en banc decision. Veterans for Common Sense (no affiliation) is fighting the good fight in that one and have been for years. Cert petition is linked at http://www.cpradr.org/Portals/0/Resources/Articles/2012-09-05%20VCS%20cert%20petition.pdf

Seth Director

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If you are waiting on documents from VA necessary for your appeal, you can always send them a request for an extension of the deadline. In the request cite, the non-response or use the oldest projected date of completion plus 60 days for the new deadline.

If they don't authorize the extension, file with what you have and insert a paragraph at the bottom of your letter/form 9 indicating you reserve the right to amend any and all informaiton contained in the NOD/form 9, after receipt of records currently witheld by the veterans administration.

We shouldn't need to jump through these hoops, but it isn't any more difficult than the confidence course at Fort Dix was!

I wonder if or when the ludicrous estimated completion dates for records requests will ever see the light of a subcommittee hearing. It sure seems that if a Vet cant get a copy of items in the record in less than a year the VA will never be able to bring down processing times.

Best regards,

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  • HadIt.com Elder

My lawyer put in a request for a copy of my C-File and he never got it. I had to give him my copy which I eventually got back. The VA respects no man or woman. In that they are equal to all. "The price of war is visible here and we don't give a damn" VA motto.

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  • Moderator

The VA "goes their own way" and follows regulations when it is convienient for them to do so. There is zero accountability for the VA failing to follow their own regulations.

For example if the VA fails to follow its regulations and the result is you have to appeal, the VA collects and keeps all the interest during the long appeal period, so it is the Veteran who ultimately pays for the Va failure to follow its own regulations, including delay of compliance with the FOIA.

The VA hides behind the "cloak of the backlog" whenever there are delays.

The VA even snubs its nose at congress, defying even congress to do anything about it:

http://usnews.nbcnew...ct-va-oversight

There will be more congressional hearings, and, ultimately, nothing will change. As long as there is an "internal" VAOIG, this will ensure the VA gets away with everything.

Its like having your brother as the sheriff, and, another brother is the judge.

Edited by broncovet (see edit history)
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  • HadIt.com Elder

The VA has every cash incentive to low ball or deny valid claims as Bronco has said. This is why we have to become jail house lawyers to protect our claims.

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