C-File Request Processing Times & Problems-St Pete Vs Atlanta

[Ascomdepot68]

On 1/12/2011 St Petersburg received my request under the Privacy Act for a copy of my C-file. Completed 6/15/2011, received 646 pages.. Time 5 months 3 days. Add about a week in mail going-and a week coming. File was not complete as received. Appealed. Sent 3 of items complained of but not all.

Moved to Georiga 8/2012.

On 5/30/2012 Atlanta received my request under the Privacy Act for a copy of documents that had been added to C-file since 6/15/2011. Completed 1/15/2013., received 857 pages Time 7 months 15 days. Add about a week in mail going and a week coming. Requested only documents added since 6/15/2011 BUT ATL copied most of earlier documents.

In ATL case:

#1 Entire documents missing and pages missing from others. Have return receipts showing arrival. Things like requests under the VCAA to obtain files in federal hands, VA Forms 21-4138 filed by veteran,

DA Form 20, 2 NODS, various matters concerning iris inquiries and responses, requests for outpatient treatment records to VA hospital and VAMC, Appeal Certification Worksheet on 2nd

appeal, approximately 1/2 of the AO exam, all education related documents 1972-1976, followup request for herbicide exposure records, etc, etc.

#2 VA furnished documentation with personal information (social security numbers) of other service members without redaction. In all fairness I supplied these originally.

#3 VA furnished at least one medical related document (an eye test) for a patient that was not the requestor.

#4 Cover letter accompanying files did not furnish appeal rights or address to appeal to as required. (I know the drill and have the address)

Needless to say I am not a happy camper. The letter is going out later tomorrow to the VAOGC.

WATCH THESE PEOPLES CLOSELY AT EVERY TURN. CONFIRM EVERYTHING AND DOUBLE CHECK

Meanwhile I have 2 separate FOIA requests to Ft Jackson and Ft Benning sitting at Ft Sam Houston FOIA/PA office for an IDA determination. These have been out for 52 and 49 working days respectively, although they are supposed to be answered in 20/30 working days.

[john999]

I got my C-File for my lawyer a few years ago. When we got to the BVA hearing the judge had a C-File on me about twice the size of what the VA gave me and my lawyer. My lawyer asked for a copy of what the judge had in his possession. Yes, you cannot trust the VA as far as you can throw them. "Discovery" is a basic right of any legal or semi-legal process. You and your adversary have to have access to the same evidence for a fair hearing. Not so with the VA I guess.