Will C-Foia Request Delay Claim Processing?

[rootbeer22]

Folks:

I always appreciated the fine advice that I've been given on this Hadit.com Board. There are a lot of very smart Vets and Spouses that continue to provide excellent advice here. Anyway, last August/2014 after getting some of that advice, I decided to request a copy my C-File because I've heard the numerous stories of missing evidence that has caused denials and subsequent long appeals. So, it been a long battle and I finally received a letter that I could drop by the Regional Office and review my C-file in person? Anyway, today I dropped by to see my VSO to ask why after 6 months my case is still under "review" only and she "scolded" me for submitting a C-File FOIA request without her? She said, by requesting my C-File, that the entire claims process stops for me until they get around to copying the file and sending to me? She said it adds at least 6 months to the process and I filed an FDC with all evidence. She said it best to get the file after your case is decided? So, I said, I thought with the new VBMS that all disability claims files where automatically being digitised anyway so it should be relatively easy to get a copy? Now, all new disability claims files "hard copy" are sent to 2 locations around the U.S. for processing/digitising and the RO's no longer do this function? Frankly, I was a little surprised that she had no idea of what VBMS was and I think her informaiton may be very dated? So far, I have not been very impressed with any of the VSO's that I've seen. It's no presonal, I just don't have much confidence in what they are saying/doing thus far?

Anyway, does anyone have any experience that their claims have been delayed significantly simply by requesting a copy of their C-Files?

Edited December 8, 2014 by rootbeer22

[rootbeer22]

Folks:

Great News...contacted VBA and they fixed the issue and I'm grateful. I argued that I only had one C-file...so how could I have two FOIAs for the same C-File...well it worked and I'm back on track. They were very nice about it and I'm back to making progress again....I don't always like the process....but most of the people that I have dealt with at VBA have been helpful when I have gotten a live person. I know that they are over-worked and that it must be a tough job...

[Okichewy1]

I requested my C-file back in November 2014 along with a new claim for many contentions. I received my C-file on CD around 22 January and just had a C&P exam for 2 of the contentions from the claim.

I have heard that if your C-file is already digitized, it probably won't hurt your claim status, since everyone can work with the C-file at the same time.

[rootbeer22]

Okichewy1:

Thanks....I think it's mainly what regional office that you use in terms of a vets success to get the files or not? My FOIA was cancelled by me because of the hold on my disability file when I asked for the FOIA. I was not aware that a Vest whole file goes into a grinding halt when they ask for a FOIA? Unfortunately, the same FOIA showed up twice on ebennfits and my file was once again held up. I'm flying blind because I have no idea if my entire file got digitsed our not when I submittted it. I put a huge amount of effort to put the package together before I sent it in, which was the same time that they were digitising thhe files. I hear a lot of vets that send their records in countless times and they still get a poor rating outcome because the evidence that they sent in appears to be missing? My VSO who I have since removed my POA said that it's best to get your file after the fact...which seems counterproductive to me in order to ensure that a Vets records are in the file when it's rated..

Anyway, I'm happy for you that you got it ina timely manner and hope it was all there for you?

[VetlawUS]

If the VA is telling you that requesting your C-File under FOIA is delaying your claim they are lying.

ALL VA Regional Offices are working in the Veterans Benefits Management System (the VBMS)....their computerized database of records.

VAROs are not working in the paper anymore.

The only reason that Vets don't get their C-File under FOIA is that they don't follow through on the appeal and the lawsuit. My firm routinely files FOIA lawsuits when the VA fails to deliver C-Files in the appropriate time limits...the result is a decrease in the time it takes to get a C-File.

You want your C-File? File the FOIA Request. If they don't deliver, file the FOIA Appeal to OGC. Then, file suit in Federal Court. You'll get your C-File...and future FOIA requests (we update for our clients every year)...responded to timely.

How to Get your VA C-File

[rootbeer22]

Folks:

I really wish it was all that simple and the processes all worked as they are advertised? But in the end, my claim was delayed, I reluctantly cancelled the FOIA to get my file moving again. The real risk is that my hard copy FDC claim that I submitted after almost a year of putting it together in color coded, by contention, by date and super organized by order of precedence, that it actually got digitised into the VBMS System as promised? I had a senior official tell me "sure, it's all there and there's nothing to worry about? The last time I was told something like that my C&P Exam was not accurate? Unfortunately, many Veterans have had a there claims denied, only to find out that someone else's records were in their files or missing altogether? So, I'm taking a big risk and a possible appeal that could take years if my claim does not have the proper files in it? My guess is that the odds are about 50/50 that it was done correctly so we'll see how it turns out? My final C & P will be in a couple of days so I guess I'll find out soon enough and hopefully the gamble will pay off in some fashion? Or it becomes another one of my life lessons learned and I've had plenty of those over my lifetime?

[MarkInTexas]

Really risky proceeding with a claim while assuming that the VA will have retrieved all of your information. I commented on this in another thread, but I made the mistake of going through the initial rating process prior to receiving my C-File. I had initiated my claims and then requested the C-File a couple of years later.

When I did finally receive my C-File, which was over a year and a half after my rating came through, I found the VA didn't have most of my SMR's, more especially my enlistment and separation examinations. Because I was running out of time on my NOD, and hadn't received the C-File yet, I was forced to file the NOD without having the C-File information either.

When I did finally receive it, I found that there were around 90 pages of medical and psychological treatment records belonging to other veterans, including SSN's, dates of birth, addresses, full names, etc. An identity theft nightmare. I immediately notified the VA, providing the names and information on the records.

Then I started working on the National Personnel Records Center to obtain the missing documentation. Thankfully, after a couple of requests, I gained most of my SMR's, although some were nowhere to be found. I was lucky that I had located my enlistment and separation examination documentation as well, and immediately sent this documentation, along with an amended NOD via fax, eBenefits and certified mail......just in case.

The sad thing was that I was just waltzing along humming the VCAA song, fully believing the VA would do everything possible to obtain the documents themselves. I was mistaken.

I would recommend getting your C-File, or going to a VARO where you can review it, and make sure that you have what you "think" you have in there.

Also, keep in mind that they most likely won't have training, weapons qualification, military travel orders or safety documentation in the C-File either, and that you need to get all of that you can find in your old home files and from the NPRC. They do keep a lot of that, and every little piece of information helps.

I'm in the NOD waiting game phase now, and have just gone and had a few IME's done, and upon receiving the results, I plan to send them to the VA via every method possible, including Pony Express and carrier pigeon.

Then I'll do another C-File request just to make sure they have it in there.

I would go ahead and request your C-File now, and most likely when it arrives, it will also contain your C&P results and reports, along with DBQ's, which would also give you ammunition you might need in your NOD. Just a thought. Good luck and thanks for your service.

Mark

Edited February 25, 2015 by MarkInTexas