C-File Hardball Tactics

[NavyWife]

Well, I've changed my mind and decided to post instructions for a EECB if you have been given the run around on getting a copy of your cfile. Google the term if you are unfamiliar with it. It has worked wonders for consumer complaints. It worked for me in 3 days.

#1 Follow all the proper protocols to request your cfile. This means making your request in writing using the format below. I think I copied and pasted my original letter from Asknod's website or maybe it was Stateside Legal, I don't remember. Of course, send it certified, return receipt requested.

#2 You may or may not decide to file an administrative appeal through the OGC in Washington DC after the 20 days have passed. I did, just to create a paper trail, but in the end, they did not help me at all, but just gave me false hope.

#3 Try to get an appointment to view and copy your cfile in person first by calling the 800 number or asking your VSO. I tried this and was told I could not have an appointment. Some have been sucessful just showing up to the VARO and asking to see their cfile, either on their own or by stopping off at their VSO's office located in the same building. This was not feasible for me, as it is a 400 mile drive and I didn't want to risk going postal if they said no.

#4 Wait at least 4 months after your request before using this. The VAROs are really swamped. I think some VAROs really do want to get these processed and others don't give a $%! The smaller, less busy ones will probably send it in a timely manner. I waited about 6 months and I don't think I would have received mine prior to a year without this action on my part.

#5 Create an email. In the SUBJECT field type something catchy like "complaint issue". In the TO field type "undisclosed recipients". In the BCC field, copy and paste these email addresses,

eric.shinseki@va.gov, sloan.gibson@va.gov, jose.riojas@va.gov, stephen.warren@va.gov, will.gunn@va.gov, glenn.haggstrom@va.gov, allison.hickey@va.gov, robert.petzel@va.gov, tommy.sowers@va.gov, richard.griffin@va.gov

In the BODY of the email, type the steps you have taken and the dates.

Below is what I typed. Feel free to copy and paste the pertinent parts. Just type your information in the -----------. Good luck.

　

　

　

　

　

　

　

I would like to file a formal complaint for the noncompliance of a Freedom of Information Act (FOIA) request.

Since September 2013, I have been waiting for a copy of my claims file AKA c-file AKA claims folder. PURSUANT TO FEDERAL LAW 5 U.S.C. § 552 (a)(6)(A)(2)(i), ALL FOIA REQUESTS ARE GIVEN ONLY TWENTY (20) DAYS TO BE COMPLETED.

Here is the timeline:

On September 20, 2013, I mailed a FOIA request to the ------regional office name here-----------VA Regional Office using certified mail, return receipt requested for a copy of my c-file. I received notice from the United States Postal Service that the letter was delivered on September 25, 2013

　

　

　

Below, I have pasted a copy of the letter I mailed on September 20, 2013.
>
>
> September 20, 2013
> Privacy Act Department
> Department of Veterans Affairs Regional Office
> ---------regional office address here-------------

　

> Re: ----------veterans name here-------- Claims Folder FOIA Request

SSN: ---------ssn here--------------
>
> Dear Staff:
> I hereby request a copy of all documents contained in ------------veterans name here--------- claims folder, including, but not limited to, all service medical records, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides.
>
> Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).
>
> Additionally, although an extension of time to respond may be requested, it may only be granted for "unusual circumstances." "Predictable agency workload" is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to "10 working days" pursuant to 38 C.F.R.§ 1.553(d).
>
> Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information.
>
> This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you.
> Very truly yours,
>
------------veterans name and address here---------------

　

　

　

　

　

　

November 4, 2013 I filed an administrative appeal through the OGC as shown below.

Sent: Monday, November 04, 2013 2:22 PM
To: OGC FOIA Appeals
Subject: Freedom of Information Act Appeal

Dear Sir or Madam:

I would like to request an administrative appeal under the FOIA for a copy of my entire claims file due to the fact that I have not received a response from the ---------------VA FOIA Office within 20 working days. I urgently need the information contained in my claims file. My request has been completely ignored.

Thank you for your time.

　

Here is the response I received:

Hello, Mr. ----------- Your appeal has been received. Please bear with us and the ----------- VA Regional Office. We are all extremely backlogged with requests and working with limited staffing. The Regional Office has not ignored your request, they are simply working to keep pace with a very large volume of requests.

We will work with them as to the status of your original request.

Tracy

Government Information Specialist
Office of General Counsel (024T)
Department of Veteran Affairs (VACO)
810 Vermont Avenue, Washington DC 20420
Phone Fax (202) 273-6388

Then on January 05, 2014 I asked for the status.

Sent: Sunday, January 05, 2014 2:15 PM
To: Tracy
Subject: [EXTERNAL] Re: Freedom of Information Act Appeal

What is the status of my appeal?

It has been 2 months since this appeal was filed on November 5, 2013.

　

And the response was:

I emailed the VARO in ------------------- about your request on Dec 31. My contact there has been out of the office since that time. I hope to hear back once he returns from leave.

Even though I filed the appeal on November 4th and it was received that same day, no action was even taken until December 31, when a email was finally sent inquiring about the status.

　

Also on 1/5/14 A complaint was filed through IRIS under consumer and public affairs> complaint about specific issue.

As of March 2014, almost 6 months later, I still have not received a copy of my c-file even though the FOIA process requires action within 20 days. Please compel the ---------- VA Regional Office to fulfill their duty as required by law and provide me a copy of my c-file. Thank you.

[71M10]

You do know if you invoke FOIA they could charge you for the cost of making the copies(to include the staff time to pull the records). I have never seen anyone charged that invoked it, nor have I heard of anyone being charged (veterans that is). I am not aware of any statutory deadlines for Privacy Act requests.

I am glad it worked for you.

[carlie]

#3 Try to get an appointment to view and copy your cfile in person first by calling the 800 number or asking your VSO. I tried this and was told I could not have an appointment. Some have been sucessful just showing up to the VARO and asking to see their cfile, either on their own or by stopping off at their VSO's office located in the same building. This was not feasible for me, as it is a 400 mile drive and I didn't want to risk going postal if they said no.

There is no law or regulation that provides for a claimant to go to their VAMC and copy their c-file.

Claimants can get appointments (and sometimes just walk in) to view their c-file, but by no means

make a copy.

The VAMC's have to provide an employee to basically sit on your shoulder when you go to view

your c-file, to ensure nothing is taken out and nothing is added in.

If this employee makes a choice to be co-operative with the claimant, they MIGHT provide some

limited copies to them of say about 25 - 30 pages or less.

The fewer the amount of pages to copy, the better the chance of at least getting something, that day.

jmho

[ArNG11]

NavyWife, Man I am sorry to hear about the C-file dilemma. I was shocked with all the horror stories on here about obtaining a c file copy. I was fortunate. The OK Muskogee Office sent mine within a week along with a letter stating that any future copies would be charged at so many cents a page. The letter that I used to obtain mine was a pre-formatted letter much like the one you wrote about. The only thing I would suggest is to keep up with how you're pursuing it. The VA ass clowns that get in the way of proper due process WILL answer for their negligence and outward disregard for the law. I can't tell you when and how but it will come. Keep pressing for it and go up the chain of command. I'm curious if, if you have a denial already have you considered obtaining an attorney. I'm kind of in the same boat in that regard. I am finding that attorneys, at least some, don't take a case on merit anymore. Their cut has to be worth their time.

In any case wish you the best of luck.

[T-M]

You do know if you invoke FOIA they could charge you for the cost of making the copies(to include the staff time to pull the records). I have never seen anyone charged that invoked it, nor have I heard of anyone being charged (veterans that is). I am not aware of any statutory deadlines for Privacy Act requests.

I am glad it worked for you.

I work for the AF as a contracting officer and I know for a fact that whenever we get a FOIA request on a particular contract it needs to be done within a few weeks. In the 16 years I've been in the career field I've never seen the government charge a dime to the contractors that request the information.

[71M10]

We do charge at our institution for the cost of retrieving and copying the requested information.

[Berta]

I have been a FOIArino for decades.

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

I have Ken Starrs ( Monica LewinskiClinton fame) signature on many FOIA appeals I filed years ago when he was the US Solicitor General.

FOIA can be a Great tool.

HOWVER why would any veteran or widow/widower of a vet need to invoke FOIA? for a C file or med recs?

I have never had a problem with the VA when I requested my C file, med recs, C & P results etc etc, when I simply wrote to the Records Access Offficer of the RO or the VAMC where the records were, because I invoked the Privacy Act 5, USC 552, and really didnt need to even do that.


http://www.justice.gov/opcl/privstat.htm

I did have one problem, almost forgot......after the local VAMC found out I had FTCAed them successfully, their Records Access Officer gave me some documented crap.

Obviously in the past ,for FTCA I had to prove to the VA I was the veteran's surviving spouse and had to send them my Letters of Administration to the OGC in DC.

I never requested any VA records in my husband's lifetime because they were his records, and he had to make the request.Then I had some other situation and hand delivered a copy of the L of A to this same Records Access Officer but a few years later when I requested ONE copy of ONE record that a IMO neuro could not read because the VA copy I had was too light and the actual blood chem acronyms were only halfway printed on the copy VA sent me, she sat on my Privacy Act request until I filed a complaint with the VA. Suddenly I got her apology and a copy of the record.

Of course it was a crucial bood chem report that the IMO neuro needed.

These records belong to us....that is they belong to the veteran, and if the veteran is deceased ,they belong to the legal surviving spouse..to us CHAMPVAs who VA has treated, our VA med recs belong to us too.

FOIA is different from the Privacy Act. VA handles FOIAs differently than privacy act or regular records requests.

Records take time these days to get from the VA. They are backlogged in every single aspect.

I say use FOIA for other specific docs, (I used it for internal VA stuff after my FTCA was over as the VA would not release that info during the negotiations)

I used it with the Dept of Labor and the results were Golden for one of my claims.

but FOIA is not needed for copies of a C file or med recs.

Edited March 28, 2014 by Berta