C-File Question?

[jefmil50]

Anyone have an idea how long it takes to recieve a C-File, they recieved my request on Dec 17th 2013. I know it is probably way to early to expect it, just wondering if I can leave for several months or years and not have to worry about it! I am in the St. Petersburg Florida area.

[Gastone]

Req C-File about 09/12 with FOIA hand delivered to Det RO. I requested Complete Copy of C-File including Voc Rehab File and appointment to Review my C-File at the RO. At time of filing the FOIA I had (2) NOD DRO Hearings pending from 2010 & 2012. All the Vet Blogs advise to req your C-File and I thought it would be a good idea to see what the DRO would be looking at. Never thought it would take over a yr to get it, finally arrived 01/14. About 8 inches thick and only had records up to date of FOIA filing 09/12. Also, there were (2) pages from another Vet's file, in the back of mine.

Did my FOIA request slow down my NODs, who knows? Hadn't been able to get any info from VA or VSOs regarding any meaningful status information. I filed an official request for a "Informal DRO Conference" to discuss evidence, mid 01/14. Never heard anything from VA other that acknowledgment of receipt of request . Early 05/14 received VA notification letter that my "Hearing??" (unspecified which One) would be held 06/27/14. DRO Hearing held 06/27, went "Informal" route, all major $$ issues fro 10 & 12 NODS awarded.

If I'm carrying my "NAUGHTS" right, took almost 41/2 yrs for my 2010 NOD Hearing to be held. Would it have been faster without the FOIA filing or if I had gone the BVA Hearing Route. I really don't think so but who really knows?

Semper Fi

Gastone

[Berta]

I hate to make a point I have made here MANY times.

A veteran does not need to file a FOIA for their C file copy.

They can cite the Privacy Act, 5, USC 552, but I dont think they even need to cite that.

FOIA requests are handled different from Privacy Act requests and can take many long months or ,in one I filed, it took years......

but it was a FOIA to the USA Drug Administration-not to VA.

My C file initial copy only took a few months to get here, and right at the bottom was a critical piece of evidence they had told me "did not exist".during the process of my 1151 and FTCA cases.

I knew they were lying but my witnesses (the doctor who prepared it and the regional counsel who told me he had given it to the VA, were no longer with the VA by the time I asked VA for a copy of it.

It had been crucial to my FTCA case ,prior to getting my C file, so had to proceed under FTCA without it .

But I used it as evidence for my AO IHD Death claim under Nehmer. That fixed their butts on telling me it never existed. Will the VA lie to us? of course they will.

They must have thought it was the only piece of evidence I had to , prove their malpractice.

But I had a truck load of evidence to prove that.

Edited February 16, 2015 by Berta