C-File Viewing Request Denied by WACO VARO

[firemoth]

Hello All, 

 Not entirely sure where to begin, but I'll try to summarize it as best I can.

MEB Discharged from USAF (Minot,ND ) Dec. 2007 for Degenerative Disc Disease - Rated 20% (They did not evaluate my hearing loss, or broken wrist and ankle as part of the MEB Discharge, or my broken/missing dentures).

Filed my VA Claim with the Fargo VA Rep during my TAMP Briefing on Nov. 19th 2007. (The big packet of paperwork).

Received call from Fargo VAMC for my C&PE in Jan 2008, I indicated that had returned to my HOR of Dallas, Tx, they informed me to check with the Dallas VAMC in 45 days to ensure my claim/information was transferred. Called 47 days later, no evidence that I had any claim in progress at Dallas OR Fargo. I then filed another claim with the Hood County VA Rep, and total of 6 more claims from 2008 to 2015. As of 6/30/2015, my FDC started in 2014 has finally been acknowledged, but has been waiting for information FROM The DVAMC since August, even though I've never received any treatment from the DVAMC.  (The drama for the other claims is for another story.)

My VSO is the Texas Veterans Commission. I spoke to them in December, and Today, about my claim and they said it was weird, and that they were sending an email to the DVAMC for clarification. (Also, in Nov 2015 I received a letter stating that my claim was kicked out of the FDC program for said missing information, but after speaking to my VSO, it's now back in FDC.) During my December phone calls to the 1-800 #, the WACO VARO and TVC office, I asked to make an appointment to see my paper c-file in person, these are their answers: 

1)The TVC VSO said she had never heard of a vet being able to look at their actual c-file in person, but she checked and confirmed that I DO have a paper file at the Waco VARO, and that it is 2-3 volumes thick) (My medical records are 736 pages alone.)

2)The WACO VARO Records Department Rep stated that they do not make appointments for vets to view their c-file, and that they do not allow viewings. They just indicated that I would have to file a FOIA request.

3)The 1-800 Rep stated I could view it by just going to the WACO VARO and going to the Records Dept, and wait in line. 

The only real reason I WANT to see my C-File is because of that initial 2007 claim. On Nov. 29, 2007 (10 days after my claim), my digital C-File states that a Service Treatment Request was submitted by the Fargo VAMC, as well as a "VA Memo" that was appended to the STR, but the contents of the Memo were not available.  I'm very concerned that if I DID a FOIA request, they would only send me the incomplete C-File everyone is looking at, as I find it hard to believe that my 3 Volume C-File does not contain any evidence of my previous claims. I'm also concerned that all my claims were also lost during the "Shreddergate" scandal of 2008-2009.

My question is then: Is it actually possible to view my original c-file, in person, at the VARO? And if so, HOW do I word it to someone so that they understand. I will gladly drive the 3 hours to Waco just to get confirmation, but I also don't want to waste my time and gas if it's a lost cause.  

Thank you for reading this far, I omitted a lot of details, but I hope it was enough information.

Sincerely,

Christopher

 

[firemoth]

Update: I received a Phone call on Friday (Jan 15, 2016) from Joseph, Supervising Director/Manager of the VA Records Mgmt Office Call Center. I communicated to him my issue, and he said they will proceed with a re-scan of my paperfile in the event that something was missed, AND he would check with his "Chief" on the legality/possibility of having my Paper C-File sent BACK to the Waco VARO to permit me the opportunity to view it in person. He said both issues would take some time, but that he would get back to me with an answer.  I won't hold my breath, but it was refreshing to actually receive a callback with some what good news.

And another update. The VA finally updated the status of my Claim, and have now estimated that it will be completed between March 26 and August 19th. (A bit of a far cry from the 3-6 weeks they quoted me last week. I also spoke to a VA Phone Rep today (Wednesday, Jan. 20, 2016), to check as to ANY call logs that I made to the VA from Nov. 2007 to Jan. 2012. Rocquell informed me that their new system does not go back before 2012 unless the VA Phone Agent at the time actually left a note. And since that's the case, she was unable to find ANY call log prior to 2012 of me calling in. I was hoping that there would be at least some sort of a phone record that I could use to validate my case when I file my NOD, and head to the BVA. The VA Rep at the VARO was adamant that, "Don't you think there would be SOMETHING that would indicate you filed? I find it odd that there is ZERO proof.".... I was like "Thanks for essentially calling me a delusional liar."  And to answer his question, I said, "Not if who-ever digitized my file dropped it, or miss-filed it, or any number of human errors that are rampant throughout the VA." He didn't like that much.

So now I'm pretty much stuck until they finalize my claim. This entire ordeal makes me want to become a VSO, or join the VA Call Center so I can help other vets avoid this. Maybe become a Lobbyist for Veteran's Rights.

Edited January 20, 2016 by firemoth
Duplicate post

[firemoth]

UPDATE:

So, amazingly enough, my Claim for Compensation has been completed and approved. 80% Combined, 11 out of 22 conditions claimed, ironically, 5 of them for stuff that I didn't think were really service connected but was instructed to file anyway, and the ones that got denied were some that I actually had PROOF were service connected in my claim, but were completely ignored. Also the language the C&P Doc used were pretty much outright lies. "Is pain present? No." Um, yeah dude, pain is constant. TMJ due to injury caused by USAF Dentist, constantly locks, and he said no movement issues present. (I have no teeth due to 1 part cancer and 2 parts them failing to treat it effectively, so he couldn't do the measure test). .... But I digress, I will take what I have, my primary issue is that in Jan, when this threat was started, I submitted a FOIA request for my entire C-File. 

 

This is what ebennies says (yes I know, don't look at it, but the VA Rep pretty much just echo'd what it says):

• Submitted: 01/13/2016 (Freedom of Information Act / Privacy Act Request)
• Estimated Completion: 10/14/2017 - 12/20/2018 

   

The only reason I want them, is to bolster my claim that I DID File multiple claims 8 YEARS prior to this "first" one.  So I have two issues. Hope my records come sometime in the next year and file a NOD, or file a Request for Reconsideration now, but with only 3 documents that will "help" my case. 

 

Also, the VARO told me my FOIA request of my c-file will only be the electronic copy, which I have already seen, and doesn't really help. When I filed the FOIA my attorney indicated that I should have put "paper C-File".... Further more, I actually spoke to some "director" at the St Louis Facility and he even VERIFIED that I still have a Paper file, saying he actually shows it received last Sept.  So why, when doing a request for "ALL RECORDS" will they not include the paper-file? 

 

Finally: The VA shows that the very first record in my file is Dated: November 19, 2007, and is a Request for STRs. My attorney AND the VA Rep said that a Request for STR will ONLY be initiated when a Claim is received. If that's the case, then how can they say I "never" filed a claim? 

 

Unfortunately I'm in a waiting game, as my attorney pretty much said there's no point in filing any sort of NOD or Appeal until I have my FULL Records in hand.  She also suggested I file ANOTHER FOIA explicitly requesting my "Paper Claims File located at the St. Louis Facility." or some such..But run the risk of the 1yr expiring.. I'm pretty mentally exhausted from this whole ordeal, and have contemplated just taking what I have now (received 21mo Retro, paid off 85% of all the medical bills I accrued while waiting for the VA to do their job. With $1000 left over. ) 

 

EDIT: I forgot to ask: If I filed another FOIA Request for a "Paper Cfile" while my previous one is still in the "GoE" stage, will that delay it or cancel it outright? Is there some way I can submit a letter to the FOIA request already in progress that explicitly requests the PAPER file? And, would it even be worth if to send a letter to my congressman asking him to put some pressure somewhere?

 

 

Edited June 4, 2016 by firemoth

[firemoth]

Just another update, after a year requesting my C-File, I finally received it in Jan. Not surprisingly, it was actually missing files that I had already received from the VA on a previous records request.  My 1 year deadline to file my NOD is aproaching fast, and I'm trying to locate the "act" or ruling that Bush passed to afford Vets the benefit of the doubt in rulings during the time periods of 2005-2009, AKA "Shreddergate". 

As previously mentioned, I filed 5 claims from my exit in 2007 to Nov. 2009, yet the VA only has evidence of an incomplete claim filed Jan. 2012.

They gave me an Effective Date of July 2014. 

Does anyone know/remember what that Bush Era form was? I've been waiting this whole year trying to dredge up more documentation, but now I feel like I'm further behind from where I started. 

Edited April 24, 2017 by firemoth

[Berta]

There is a lot of discussion on "Sheddergate" here under a search.

I testified to the H VAC sub Committee on it ,via proxy and my testimony went into the H VAC record.

Katy Couric wanted me to be on her show the same night..I recall that as a Watergate Buff, I made up the Sheddergate word right away it flew from hadit to the other vet sites.

So my point is, I did a lot of research when I prepared my testimony.And I enhanced it since to the H VAC but I do not recall ANY 

 "ruling that Bush passed to afford Vets the benefit of the doubt in rulings during the time periods of 2005-2009, AKA "Shreddergate"....

except for some Bull crap type of form....I think there was a form..maybe they shredded the forms they got anyhow....Broncovet here will know.

 "I filed 5 claims from my exit in 2007 to Nov. 2009, yet the VA only has evidence of an incomplete claim filed Jan. 2012." I am sure you got copies of those claims and also kept your proof of mailing.???

How many times since filing those claims did you contact VA to see what their status was?

I sent the Sub Committee copies in color of 53 bright white and green USPS tracking slips I had for evidence I sent to Buffalo that they had ignored over part of the last 2 decades.

Funny thing is I had one BVA case, and the BVA found all the missing stuff they had,in my C file  even though I sent it directly to the BVA too.They had deliberately ignored it all-just as bad as shredding it.

I know the MF at my RO well- MF the Mysterious Force who removes the good stuff but puts it back after they deny. 

But if you dont have a proof of mailing I dont know what you can do.

In my opinion the only good reason to have a vet rep on your POA is that they will maintain a file of all of your stuff,they know about,  that VA also has received.