Freedom Of Information Act / Privacy Act Request

[jfrei]

Apparently if your attorney has requested your file from ST. Louis you might notice on ebenefits its now in red saying requested documents are late. Incorrect. So I called the St Louis VA trying not to be paranoid to make sure they even got the request. She said sure is right here but the VA gives us 3 to 4 to get it to you. So the waits make sense so every time you request something it takes them a max of 4 months to give them to you maybe even longer when they cant find the papers as I have read from others. So I'm done wishing that things will get faster as scandels are popping Up.

[Vync]

I am no expert, but I recall the regulation saying they have something like 20 business days to fill your request, about a real world month. However, in reality it usually takes several months. Another regulation without any teeth.

Here's something you might consider. If you have a Myhealthevet account and have performed the extra verification steps, depending on when you served, you might be able to pull up some or all of your personnel records online. Just go to the blue button feature after you login. The time frames are a bit odd. My father got out in 1990 and his records were not on there. However, I got out in 1995 and mine were.

Good luck!

[Berta]

If a vet uses FOIA for their records, they will get a 20 day response letter.

FOIA means more time is added to the request. The response is just a generic response to the FOIA.

No veteran needs to use FOIA for what is their own personal C file or medical records.

I have made this point here many times.

If you have a lawyer they might need FOIA to get your records for themselves, but you do not need to use FOIA to get them.

records requests under FOIA are handled differently than a simple signed request for what is yours.....a copy of the C file and any VA medical records you have .

A simple Records Request (some VAMCs even have a brief form) will get the records a lot faster than FOIA.

I have used FOIA for decades.and have one pending now , and they sent the 20 day response letter recently. That letter means nothing. They do not have to send you your records in 20 days.

One FOIA I sent to the Gov long ago took over 3 years to be addressed.

It wasn't to the VA, but to the US Drug Administration and not specific to anyone. I just wanted statistics on how many deaths had been reported over use of some prescribed medications.

I was trying to determine if the VA prescribed Sudafed ( 4 times a day for 6 years) had been instrumental in his death

By the time the Gov sent the requested info, I had already won the claims I thought I needed the info for.

The final OGC VACO report supported my charges on that, which was part of my FTCA/1151 issue.

VA prescribed Sudafed had been a secondary factor in causing his death.

That was the 1151 HBP claim award I got this past April.

Many meds, to include OTC meds are powerful and can be dangerous.

yesterday the FDA made a statement as to how NSAIDs are doing more damage then we ever thought.

When I get a chance I will post that info in our med forum.

Edited July 11, 2015 by Berta

[jfrei]

Thanks Berta always nice hearing your input.