Request C-File

[nukeum]

Hi I am fairly new here and was wondering, i saw in several places where people had requested copies of their c-file how does one go about this (I do not have a VSO, will not have one, been screwed over by everyone i have ever had) I have been going at it alone pretty successfully to this point at present I have a NOD filed since Sept 2013 at the Phoenix VARO requested a DRO review of the file. So i guess mu question is this

1. how do you FOIA your C-File

2. Will it interfere with the NOD i presently have in process? if so I would rather wait then interfere with the NOD'

Thank you

-Nukeum

[Pete53]

Welcome to Hadit

[toddt]

Department of Veterans Affairs

VA Regional Office Detroit

123 Main Street

Any City, USA

TO: Veteran Official in Charge of C-File

PRIVACY ACT WAIVER AND REQUEST FOR ENTIRE "C" FILE AND SQC INFORMATION

Veteran' s Printed Name: _________________________

VA File Number and Social Security number: ____________

By my signature below, I authorize ___________________________________ whose address is _ __________________________________ to have access to all of my VA records.

This includes access to any information or records relating to the diagnosis, treatment or other therapy for the condition(s) of drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV) , or sickle cell anemia, that may be or are contained or maintained in my VA Claimant records.

Redisclosure of the information or records relating to the conditions named in the second paragraph above by my attorney other than to VA or the Court of Veterans Appeals is not authorized without my further written consent. This authorization pertaining to the information or records listed in the second paragraph above, will remain in effect until records listed in the second paragraph above, will remain in effect until the earlier of the following two events: (1) I specifically revoke this authorization by the filing of a written revocation which will be effective except to the extent that action has been taken in reliance upon the authorization, or, (2) disclosure of the aforementioned information or records is no longer necessary for benefits determination purposes.

My consent for the disclosure of information relating to the condition of drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia, that may be or are contained or maintained in VA Claimant records pertaining to. me, is limited as follows: NOT LIMITED

In order to waive my rights under the Privacy Act, 5 U.S.C. 552a(b), and under any other federal or state law or regulation which controls access to my records, I give my prior written consent to the National Personnel Records Center (Military Personnel records), St. Louis, Missouri; to the Department Of Veterans Affairs; to the Department of Health and Human Services; Social Security Administration; or any other public or private Custodian of (including, but not limited to, hospitals, Clinics, and current and former treating physicians), or agency that possesses or controls my military, veteran, medical, mental, Sickle Cell Anemia, infection with Human Immunodeficiency Virus (HIV), drug or alcohol treatment, Discharge Review or Correction Board records and files, to disclose fully and promptly to the person named above, his agents, or to any other person designated by this person, any and all records contained in my file which I or any other person designated may request. This authorization does not constitute a Power of Attorney or Retainer or any other form of agreement which would require someone represent me.

I also request documentation of any SQC review of my DVA files by any subdivision of the DVA showing the form of review problems identified, and/or any corrective or other action taken by the Regional Office or the Central Office of the DVA.

4. I also make this request under the Freedom of Information Act.

_______________________________ ___________________

VETERAN'S SIGNATURE Date

[Gastone]

NUKE: Back in 09/2012 I decided to follow the wise council offered regarding the importance of getting a copy of my C-File. I just filled out a VA Statement in support of Claim form and hand delivered it to the Det VARO. They made a copy for me and date stamped both, thought I was good to go. I had specifically requested an appointment to view my C-File at the RO and get a complete copy of the C-File. For 14 months I never heard anything. EBen showed my "FOIA" request as pending. It was still listed as pending after I finally received a UPS package about 8 inches thick, on 01/2014. Never did get the personal review. Had my DRO Personal Hearing 06/27/14, all issues awarded so I really haven't complained to the VA about the 14 month wait. No idea of when the VA copied my file but there were no Medical or other evidence from 2013 in the file. Last document was from end of 2012. Also had (2) pages from anther Vets file in mine. Be prepared for a long wait.

Semper Fi

Gastone

[FormerMember]

Fourteen months and you didn't complain? Lordy, you are long suffering, Gastone. Here's the quick way to get it. I've never had any of my guys go over 3 months and most in far less. You have to let them know who's boss, hoss.

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

Mine came in four BBEs and was almost 19 inches tall. That was in 2009. It was on a cart at the Travel Board hearing and about 24 inches front to back by 2011.

Maybe it's time to get a new copy and see how big it's become. I heard from the RO excuse lady the other day and she tells me they still have not converted it to VBMS .pdf yet.

Never fear these jerks. Never. They are govt. employees.

[FormerMember]

The form Toddt printed above is a vacuum cleaner and a shopping spree giving VA broad authority to fetch a wide variety of records from the public domain. This is exactly what you do NOT want. I don't suppose any of you have heard of the term "control of evidence"? If you have no control of what they go out and seek, with your permission I might add, you may be dismayed to find they have found both good and deleterious evidence. Parse this phrase you are agreeing to by signing and think it through.

"In order to waive my rights under the Privacy Act, 5 U.S.C. 552a(b), and under any other federal or state law or regulation which controls access to my records, I give my prior written consent to the National Personnel Records Center (Military Personnel records), St. Louis, Missouri; to the Department Of Veterans Affairs; to the Department of Health and Human Services; Social Security Administration; or any other public or private Custodian of (including, but not limited to, hospitals, Clinics, and current and former treating physicians), or agency that possesses or controls my military, veteran, medical, mental, Sickle Cell Anemia, infection with Human Immunodeficiency Virus (HIV), drug or alcohol treatment, Discharge Review or Correction Board records and files, to disclose fully and promptly to the person named above, his agents, or to any other person designated by this person, any and all records contained in my file which I or any other person designated may request. This authorization does not constitute a Power of Attorney or Retainer or any other form of agreement which would require someone represent me.

You are giving them (VA) carte blanche to wander afield and excavate anything pro OR CON. Why would you give anyone that power over you other than a law dog you have signed a contract with? You want to focus on one thing to win your battle with VA. You have to manage the documents you submit. If you are filing for a back claim, VA has no need of mental illness files or vice versa. Control the input and control the claim. A request for a c-file should be just that. The left, center and right side pockets-period. Not the records from Mt. Altoona Community hospital showing you admitted inhaling Peru's annual production of white lady in 1982. Obtain your own records as you do this. Go to ROI yourself for your VA VISTa records. Go to Mt. Altoona Hospital yourself or ask them to send them to you. Never sign and turn in a 21-4142 to the VA. Always redact that which is not probative of the claim. Really, ladies and gentlemen. This is claims 101. Don't volunteer for the breathalyzer unless they ask you to.

If you must, use the VA Form 3288 and specify what you want. Be careful. http://www.va.gov/vaforms/va/pdf/VA3288.pdf

25 years of doing this wrong is why I caution you.

Clear prop.

[Vync]

Did exactly what Asknod recommended for my father two weeks ago. Counting days until it arrives. Should be 24 years of active duty records from Nam plus everything to date.