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

[vern2]

I followed ASKNOD's advice and after getting a form letter from FOIA office at my VARO, sent letter to OGC, several weeks later got a letter telling me to contact them again if the FOIA did not respond. It has been over 30 work days, so another letter to OGC. It seems as though FOIA is reluctant to provide me what I have requested, 75% of my documentation, including ALL that was submitted in 2013 was not in the copy of my c file that I did receive almost one year ago. THIS IS A FARCE. Does anyone know of lawyer that will take a case on FOIA either pro bono or on whatever fee he may recover? I can not afford an attorney. This impacts my pending appeal.

Vern2

[vern2]

I followed ASKNOD's advice and after getting a form letter from FOIA office at my VARO, sent letter to OGC, several weeks later got a letter telling me to contact them again if the FOIA did not respond. It has been over 30 work days, so another letter to OGC. It seems as though FOIA is reluctant to provide me what I have requested, 75% of my documentation, including ALL that was submitted in 2013 was not in the copy of my c file that I did receive almost one year ago. THIS IS A FARCE. Does anyone know of lawyer that will take a case on FOIA either pro bono or on whatever fee he may recover? I can not afford an attorney. This impacts my pending appeal.

Vern2

These are redacted copies of the actual letters from OGC and the VARO FOIA office. Seems like the OGC wants me to go round and round. The law, which does not seem to apply to the VA as they are like Men In Black, ABOVE THE LAW, requires a response within 20 days. I started this quest on June 27, 2014. Does anyone have any suggestions as to my next step, which seems to be sending a writing of mandamus to CAVC, but I am not a lawyer.

Vern2

[vern2]

Since my records have been put into VBMS electronic file, I just send an email to the management analyst at St. Louis VARMC and get the CD in mail within 3 days via UPS. No FOIA request, just a simple polite email and get the file on CD. Now the real job begins, comparing the electronic file with two copies of paper c-file. I personally prefer the electronic c-file, as long as it has all the information that I submitted. Not willing to bet 2 cents that it does, but file is searchable.

[rootbeer22]

vern2:

I wish you great luck with obtaining your C-File. For me, it was a nightmare, but I've heard that every RO is different in terms of their timelines? Just keep in mind that if you have a claim pending then asking for your C-File could delay the processing of your claim for several months? Also, that when you request a FOIA it is veiwed as a brand new claim so technically they can do things like turning a FDC into a regular claim? Frankly, I got very frustrated after a few months seeing no action on my claim and took a gamble and cancelled my C-File FOIA request to get my claim back into being processed. The good news is that my claim started moving ahead right when the cancellation came thru so there's no question that everythihg was being held up? The irony is that I used to be a Federal FOIA Officer and know all of the rule and requirements but it did not help me. Interestingly, because everything now should be digitised via VBMS, it should be almost nothing interms of labor and effort to run a disk with all of the C-File information and send it to you? Consequently, I still have no idea if all of my hard copy service medical records were ever digitised properly and loaded into VBMS? That said, I'll know soon enough because my claim should be completed in a few weeks or so, and then I'll know for sure then. I'm crossing my fingers that it was done correctly...at least fpr me, I plan on submitting another C-File FOIA once my claim is completed and hope it was not too late....good luck..and I hope you get your C-File quickly...

Edited May 18, 2015 by rootbeer22

[Andyman73]

Well, don't know if I went about it the right way. On May 18th I was at my local VAMC, speaking with the bennies counselor and asked him about my C-file. He wipped out a form, preprinted with "any and all records pertaining to military service and medical treatment," and he hand wrote, as I watched "to include 100% complete copy of my C-file. Then he time/date stamped it. Told me that he can't say how long, because he don't want to give me any false hope. I believe my VARO is the wonderfully awesome Philly office.

[Pete53]

You can go to the VARO and review your C File just call and tell them you want an appointment. They will also make copies of a few critical documents if you ask. Not the same as not getting all the documents but at least gives you a general idea.You may be surprised at what you find in your C File mine even had credit report for VA Loan.