Reviewing The C-File

[4MR05C]

Anyone know how long the VA has to achedule an appointment for you to review your c-file?

It's been well over 90 days since I went to the VARO and asked to do so and still nothing from them.

Meanwhile, they made a decision (which I will be appealing), does this mean I have to go back and ask to review the c-file again?

So confusing...

Thanks for any help!

[4MR05C]

4MR05C,

You might find this helpful

http://asknod.wordpress.com/2013/09/30/getting-your-c-file/

Thaks girl! I was hoping you'd pop it and contribute some solid info! As ALWAYS, I appreciate your help and insight! :)

[4MR05C]

My VARO had me put in a separate request to VIEW the C-file. My husband had put in a request for the C-file, and when he died I had to put in a new request. They told me from the beginning that it would take a long time to get a complete copy of the C-file - at least 6 months. But they told me I could put in a request for an appointment to view the C-file. I got that appointment fairly quickly. It seems like it was within about a month. I was only given an hour and a VA representative stayed with me. But she helped me look for specific documents I wanted to see (his discharge physical that has never been found). And she was willing to make copies of specific documents.

So you might want to try making a written request to view your C-file at the RO, and see if you can get copies made of the most important documents. If you already made the written request to view it, you might want to send them an IRIS asking them how close they are to taking action on your request you filed on X date.

Actually, the request WAS for a review... not a copy. The Atlanta VARO is usually quite willing to give you a copy... of anything I've ever asked for before that is, when you are sitting there politely asking for one. ;)

Edited December 29, 2013 by 4MR05C

[free_spirit_etc]

There is a little more info here:

asknod said he is willing to provide info from the letters he sent.

Though putting things in writing is ALWAYS the way to go with the VARO (as it provides proof) the problem with putting things in writing is that someone has to read it. So your written request might be in a pile unread. So you might also send an IRIS acting them to act on your written request submitted on ____. They usually respond to IRIS pretty quickly. That doesn't mean they will grant your request more quickly - but it does mean it pushes them to answer you.

It is interesting because when I asked for records from a couple of military bases where my husband had been stationed, under the FOIA, the FOIA officer responded in a couple days letting me know they received my request and confirming what records I was requesting. Their letter also informed me the date I should receive the requested records (within a few weeks). One base wasn't able to provide them in that time-frame and they sent me another letter telling me my request was delayed, and giving me a new date to expect the records. (i.e. they followed the law in what is expected from an agency in response to a FOIA request.) I am not quite sure why the VA has been beyond the law in these matters, where you send a request and at some point they send the file.

Actually, though the VA tells people to send an FOIA request, it seems like requests for your own records would come under the Privacy Act, rather than the Freedom of Information Act. The Privacy Act covers access to personal records an agency has about you. The Freedom of Information Act covers records available to the public.

I am not sure if there is a deadline for acting on Privacy Act requests for access.

This is from a different federal agency, but it states,

http://nnsa.energy.gov/aboutus/ouroperations/generalcounsel/privacyact/pafeestime

"

Privacy Act Fees and Time Limits

The Act provides agencies to assess fees only for the cost of reproducing records. However, it is the policy of the DOE to provide an individual with one copy of his or her requested records free of charge.

The Act does not stipulate a time frame for an agency to provide access to individual records; however, the DOE’s regulation (10 CFR, Part 1008.7(b)) states "Every effort will be made to respond within ten working days of the date of receipt by the System Manager or designees." The Act does stipulate a ten-day time frame when an individual requests to amend records."

But interesting - This is the VA's "policy" on requests for records:

http://www.foia.va.gov/FOIA_FAQ.asp#FAQ#7

7. How long will it take for me to get a response to my request? It is the policy of the Veterans Affairs Central Office FOIA/Privacy Act Officer to acknowledge your request within 20 working days of receipt. This acknowledgment will advise you of the date of receipt and the responding office. The custodian of the records is required within 20 working days to advise the requester as to whether or not Veterans Affairs has any information responsive to their request. If feasible, the information is released at that time.
Veterans Affairs works on a first-in, first-out basis, so there may be other requests ahead of yours. If the custodian of the records has a backlog, it will take longer to respond to your request. That office will advise you as to how long it will take to respond to your request.
Remember the 20 working days response time begins when it is received by the custodian of the record.

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8. How can I check on the status of my request?
You may contact the FOIA office responsible for the processing of your request at any time. If you have not received an acknowledgement or do not know where your request was forwarded, you may contact the VA FOIA Service.

Edited December 29, 2013 by free_spirit_etc

[4MR05C]

Thanks Free spirit! You rock! I've drafted a letter to the VARO which I'll send out tomorrow, (certified return receipt and all that jazz). I'll also put in an IRS inquiry about the review of my c-file.

[bhoward422]

Put your request in writing! I don't believe there is any hard and fast law that requires the VA to provide you with a copy or the chance to view your file within a certain time. I think there is a common sense time frame, especially if your lawyer asks for a copy. The VA stonewalled my lawyer when he asked for a copy of my file. I provided him my copy. He did get a copy of his own when he saw the full copy the BVA judge had compared to my incomplete copy. I can say that if you have a claim for major retro the VA will go over your claim with a fine tooth comb looking for anything to take you down.

John

Well I have requested in writing for my C-file back in Sept 2013 and haven't seen a copy of my file yet the VA has a problem when requesting anything that they don't want you to see, but I'll request again. keep at it John!

[free_spirit_etc]

Good luck!