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.

[NavyWife]

I think we can all agree that it doesn't really matter whether they would charge for the FOIA request or not because every vet desperately needs the information in that C file for his or her claim. Certainly the vet would pay any fee if required to access that information. The law does allow for a fee to be charged and some offices charge and some don't.

Carlie makes a good point that It is unlikely that they would copy your entire C file if you went in person to view it. But I guess that would depend on the person who was helping you as well as how big your C file is.

But you really don't need the entire C file.

most of the really important information is:

Service treatment records

Rating decision

Evidence they used

C&P used for decision

I would recommend that any that vet going in person take along a Portable battery powered scanner or use iPhone or other smartphone camera To capture the data you need. In a perfect world the person watching over you like a hawk would photocopy everything you asked for since it is your data.

Berta--

The reason many of us are using foia & or privacy act is to make them accountable for providing the records. Once it's a foia request, they have to follow very specific rules for processing the request. They can't just "lose" your request or say "we'll get to it when we have time"

I think it's important that we continue to share information with each other on different & creative ways of getting results.

[Gastone]

I hand delivered my request, to view and get a complete copy of my C-File and a copy of my VA Vocational Rehab file at the Detroit RO 09/2012. Note: I had appeals and claims pending, dating back to 2009. I was never contacted regarding personally seeing my C-File. E-Ben site just showed still processing. I finally recieved a 6-8in thick UPS package, 01/15/2014. No documents, DBQ's or any correspondence from all of 2013 in package. I did get my Voc Rehab file and that of another vet, including all of his personal info, SS# etc.

Now, I know some would advise against requesting your C-File, if you have claims and appeals pending. I took that into consideration. I decided to take the chance and was able to get additional evidence prepared that I was SURE was already in my file. According to the VSO that I'm going to use for my DRO Hearings, it hasn't appeared to have affected the Diary Date on my 1st hearing. Only time will tell.

[rootbeer22]

Folks:

I've been involved with FOIA on both sides for many years and the government does not have an option when it comes to providing a copy of your records or not? That includes almost any documents that the government has on you? The only exceptions are the FOIA qualified Exemptions but it's rare that something would be witheld from you from your own records? Frankly, since all of the records are now supposed to be digitised anyway under the new VBMS System, there should be almost no reason that something should be withheld? Consequently, VBA should be able to just download a copy of the requested info on a zip drive and send it to you shortly? Also, the agency being "busy" does not qualify as an appropriate reason why you as a citizen should not be able to get a copy of your records? I'm fighting the same battle now and there's been lots of errors with regard to the FOIA cites that I've been given and that are not entirely accurate? That said, the agency must give you appeal rights and they can go all of the way up to the Department of Justice. You have a lot of legal rights when it comes to FOIA in which you could sue but it's a hassle and costly. That said, the agency holds your fate in their hands in terms of your files and final outcomes...so you may want to proceed with caution in terms of how far you push this and what your tolerance level is? At least for me, I've heard too many horror stories about Vets who are missing key evidence from their files and the appeal process timelines are off the charts if you don't get your claim done right the first time, it could be years for successful outcome? Also, more than one person has told me that requesting your C-file via FOIA will slow it down...but I hear about people gettign their C-files withn 20-60 days but I think it all depends upon which Regional Office that you are working with? I can imagine where the RO's may see this as a big hassle due to their workloads. I'm acutally going to the RO to look at my file next week...so we'll see how it goes and if everything is in my files as I sent them in?

Edited November 24, 2014 by rootbeer22

[Buck52]

I think personally it depends on your VARO as to how long it takes to get your c-file I live fairly close to my VARO & go there in person!

they will stand by you as you look through it.

I wonder what would happen if you took pics of the pages you wanted with your smart phone/I phone?

Question?

What if there's something in your C-FILE you don't want in it? can you request it be taken out?

Edited November 24, 2014 by britton