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What Is Releasable To The Vet When They File A Foia Claim For Their C-File?

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vern2

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I requested and finally received a partial copy of my c-file last year. I noticed that missing much of documentation that I had submitted. I sent another FOIA request, to which they replied that they working to see what was releasable and what dat to be redacted or not provided to me! WTF is this possible, they decide what to release to me in the c-file? This can be prejudicial to me if they with hold documentation that would help my claim. What can I do?

Vern 2

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  • HadIt.com Elder

They can withhold anything related to your mental health, if they believe that releasing it, to you, would be detrimental to your mental health. Your mental doctor can authorize their release to you. You should contact your doctors about having them released to you.

pr

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I guess I better repeat this AGAIN.

Vets and their survivors do not need to file FOIA requests for copies of their C files..Or for their medical records.

A simple records request for a copy of their C file is all they need to send to VA. They can add ,the request is under the Privacy Act, 5 USC, 552.,if they want to.

A FOIA request is handled differently that a Privacy Act request. And usually much more time consuming.

Believe me I know that well.One FOIA I had with a Government entity took over 3 years for me to get the info I requested.



Most VAMCs have a Records Access officer who can supply a simple form for reguesting copies of C files.

PR is correct as to MH records. They would not be in your C file .

C files dont usually have any medical records in them unless you sent some of them to the VARO from your med rec copies,for your claims.

But Vern, what you had sent them yourself should be in that C file.

I recently got these 2 links from the VA:



VA FOIA general information is at http://www.foia.va.gov/. FOIA contacts specifically for VBA are at http://www.foia.va.gov/FOIA_Offices.asp.

I need to send some FOIAs to specific VA entities and the links provided me VA departments that now accept FOIAs via email.

In one of the links I think there is a Privacy Act template.anyone can use for copies of VA C files and their Medical Records.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I guess I better repeat this AGAIN.

Vets and their survivors do not need to file FOIA requests for copies of their C files..Or for their medical records.

A simple records request for a copy of their C file is all they need to send to VA. They can add ,the request is under the Privacy Act, 5 USC, 552.,if they want to.

A FOIA request is handled differently that a Privacy Act request. And usually much more time consuming.

Believe me I know that well.One FOIA I had with a Government entity took over 3 years for me to get the info I requested.

Most VAMCs have a Records Access officer who can supply a simple form for reguesting copies of C files.

PR is correct as to MH records. They would not be in your C file .

C files dont usually have any medical records in them unless you sent some of them to the VARO from your med rec copies,for your claims.

But Vern, what you had sent them yourself should be in that C file.

I recently got these 2 links from the VA:

VA FOIA general information is at http://www.foia.va.gov/. FOIA contacts specifically for VBA are at http://www.foia.va.gov/FOIA_Offices.asp.

I need to send some FOIAs to specific VA entities and the links provided me VA departments that now accept FOIAs via email.

In one of the links I think there is a Privacy Act template.anyone can use for copies of VA C files and their Medical Records.[/quot

I always thought had to do FOIA to request copy of my c-file. My FOIA cover letter from VA request last year stated if I wanted another copy of my c-file, that would have to pay for it at something like $1 per page. If I send this simple form, do I still have to pay?, or is it free?

Vern 2

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The first copy is free, then they charge for any additional documents that were put into the C file, after they sent tho copies from the first request.

a dollar a page seems very high....for those additional documents.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I do not have any Mental health records. I have dental and STR records, including when I was on flight status back in 80's with gunships. it seems that a lot of the stuff that VA sent to me was fluff, many copies of same record. A lot of useless stuff that is in my c-file. my file weighed over 20 pounds, and if I were a rater, I would be lost trying to dig through it! I tried to make things simple, send in list of evidence, with tab numbers, page numbers, but what I received was a mess. VA has no organization. I have seen pictures of piles of files, with documents hanging out of them, no way to run an organization. Oh well, as long as management gets their bonus. Funny thing about the bonus system that is in the news, does not trickle down to the worker bees! I saw a web site that had the actual names, pay grades and amount of performance compensation of the GS 5, 9, and 11, 12. Most received $200-300, some as much as $500. This appeared to be nationwide trend. I was more concerned with St. Pete, but checked Phoenix, Atlanta and Indianapolis as well.

my Va doc complained to me about his boss getting a $63,000 bonus last year, but did not believe him at time. It now appears he was correct.

Vern 2

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  • HadIt.com Elder

You get the first copy free, along with any updated records, that are from the period after your first free copy. Copies after the free copy are generally about 25 cents a page. If you have an extensive c-file, they may offer to allow you to do the copying at their office, for free. They sometimes do this when the file is large, so as to free up an employee to do something else. They've offered this to me, twice.

pr

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