Getting My C-File

[63Charlie]

Need to file a NOD on a recent Tinnitus claim denial.

Sent in a request, FOIA etc., for my C-file.

VA acknowledged receiving my request on Ebennies and shows a date of 2018 when I can expect them to make a decision as they have my request categorized as a new claim.

I was thinking I read where there are specific deadlines requiring the VA to meet my demand for the C-file.

Anyone know what the time frames are requiring the VA to comply?

Edited May 21, 2016 by 63Charlie

[rootbeer22]

John:

I wrote a letter last week directly to the Director, Office of Government Information (OGIS), whom has operational authority for all  Government Agencies for FOIAs, Mrs. Leigh Bradley, VA General Counsel, then Director, VA  Intake Center, Janesville, WI, and the VA FOIA Team in WA D.C. I pleaded my case to all of them with hard facts and tried to appeal to their sense of doing the "right" things for Veterans?  So far, all of the request letters for action  should be arriving to their perspective locations about now -- this week? My main idea was/is to give everyone at least a chance along the C-File Chain or system to try to fix the overdue C-File  issues at the lowest level administratively as possible-first. This shows that I used all of the administrative remedies possible and   first before I go directly to VA Secretary McDonald or Federal Court to get the C-file. Unfortunately, last week I had to file my first NOD without ever looking at the associated C&P Exams and results which is plain unfair. By Law, the VA and any other federal agency has only  20 Business Days to produce all of the documents for the C-File or  FOIA Request?  Ironically, last week the VBA was telling Congress during a hearing on VA Records  that most of Veterans Files are electronic anyway now--so it should not be hard to copy "all" files on a CD or Thumb Drive and send the C-files out to Vets?  Today, I looked at my "ebenefits"  status again and it now shows that my C-file is scheduled to be released to me sometime even later around the end of  2019---last week it said 2018? So, that will mean from the time of the first submission of the FOIA  or C-file to actual delivery may be almost 4 years? Considering that you and I  have to file a NOD within one year does not match up to this  reality? Sure, I know that I could have sent Mr. (VA Secretary) McDonald a letter or sent him an email and  may have gotten action quickly--but I wanted to do this correctly first by going to the  lowest level possible? So, that when/if I go to him directly VA Sec, I can say, "I did my best to work thru the proper channels and your staff's first - but was forced to bring this to his attention because I could not get any movement thru the proper channels? More importantly  this shows that this FOIA System has to be fixed on the broader scale -not just for me to get my FOIA or C-File..

Anyway, the clock is ticking down as I gave them 10 days to respond to provide my C-File to me and if I don't get any positive movement -it's going to the top of the heap for action. Frankly - I just want my C-File as prescribed by the law of the land..nothing more!

Goood Luch and Godspeed Rootbeer22

 

[rootbeer22]

John:

Sorry did not answer your question, yes I filed a VA Form 3288 almost 11 months ago...and I was a Federal FOIA Officer for about 4 years...

Rootbeer22

[Mark D Worthen PsyD]

Is your request for VBA-specific records that exist only in your claims file? 

Assuming that is the case, it might work a lot better if VBA set up a system where vets could request VBA-specific records only, e.g., Rating Decisions, Statement of the Case, etc. Might save a bunch of time and money. 

[Buck52]

All C-FILE Request come from St Louis RMC.(Records Management Center)

They try to get the C-file out to the veteran within 200 days after the request...thats after they get the request from the claims intake center. or as/if Bob McDonald orders... then to expedited it to the veteran. ASAP

E-Mail Mary Ann Wentzel  at RMC in St Louis .  If your waiting is over the 200 days. (6 months)

Wentzel, Mary Ann, VBASLOURMC

maryann.wentzel1@va.gov

................Buck

[Chuck75]

The VA usually Interprets the 20 days to mean that they will acknowledge the request within the 20, and actually fill it when they please.

In the past they have also refused to send a copy until a claim in progress is completed, or used any other excuse that came to mind.

I'm sure that the electronic file bit has or will changes things, just don't know what to expect in the future.

 

[Buck52]

Yes I agree chuck75

As I understand from Mary Ann at RMC in St Louis   the C-FILE for all veterans including us  Vietnam Vets...they are putting it into CD, and doing away with the paper rout.  As the request come in its first serve basis. 

so it actually could take longer than 200 days but that the Goal as of Now.