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

[Gastone]

C File: To FOIA or Not to FOIA, that is the question! Who really knows how much additional wait time is added to your DRO or BVA Hearing?

My 1st NOD filed 09/2010, 2nd NOD filed 09/2012. FOIA for C-File hand delivered to my VARO 09/2012, requesting appointment to review my C-File and get a complete copy. Never received appointment to review but did finally receive 8in C-File 01/2014. The enclosed documents were only up to the date of the request 09/12. Included were (2) pages from another Vets VA Vocational Rehab file. There was nothing in the file pretaining to the Raters decisions on any of my claims. During the entire period of my appeals I was never able to get any definative answers from VSOs or VA Reps on the 800 line. Forget about E Ben updates.

I filed a Formal request (02/2014) for a "DRO Informal Conference" after reading (DRO Procedure Manual) that a DRO could request an "Informal Conference" with the Vet to discuss necessary appeal evidence. Never received anything other than VA acknowledgement of receipt of my "Informal Conference" request. Early 05/14 received notification of 06/27/14 Hearing, nothing listed as to what the hearing was for. As it turned out, the 2010 NOD was on deck. I opted for an "Informal Hearing" and by doing so, the DRO cleared both my NODs. All major $$ issues awarded.

Did I get anything out of my C-File, not really. Did it add a delay to my DRO Hearing, no clue. Was the DRO Hearing better than the BVA? A little over 4 year wait with no Remands VS BVA about 5 year wait with Remands which seem to be the rule rather than the exception. You'll have to decide. This was my 1st and hopefully last contact with the VA Appeals Process.

Semper Fi

Gastone

[Berta]

As I have mentioned here MANY times-

you dont need to cite FOIA to get your VA records or C file copy.

Under the Privacy Act, 5, USC 552, part of the FOIA regulation, all you have to do is given them a signed request.

The Records Access officer (sometimes called the FOIA officer) at your VAMC should have a simple records request form you could sign and hand back to them.

That is how I got a copy of my C file.No Formal FOIA needed at all.

FOIAs ( I have 4 pending with the OGC and other VA departments now) are handled differently by VA then just simple requests for what is yours,in the first place, your C file, and your VA medical records.

The FOIAs I have sent for over 20 years are for records that the Government holds, that are Not mine.

I get a copy of my med recs as they occur (I am a civilian) every time I see my doctor.

My daughter did this for the 7 years she was in the military ,every time she saw a Mil doc, and had a complete med rec copy at her discharge.

Neither she or I needed to cite FOIA for what belongs to us.

A FOIA I sent to the US Drug Administration years ago took at least 3 years to produce what I asked for.

Edited February 25, 2015 by Berta