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Attempted Strategy to Get C-File-NOW

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rootbeer22

Question

Vets:

Unfortunately, I had to file my first NOD this week without the benefit of having my C-file after almost 11  months waiting for it? As you know, that puts us Vets at a distinct disadvantage because we cannot see the contractor CP Exams to see  and question the opinions? At one point in my life, I was a FOIA Officer and know the rules very well. The government has 20 business days to fulfill a request for FOIA but can ask for another 10 days if they have cause and inform the requester? Ironically, I used the new form to request the FOIA/C-File so there's no issue there? But in my case, the e-benefits status this week says that it will be at least  2 more years before I may see my claims files for a total of 3 years from the initial request? In contrast, a Vet only has one year to file a NOD so this does not add up or it is not fair? The FOIA Laws also say that it's not a valid excuse that an agency is too busy or has a large case load which excuses the agency from fulfilling the law?

Anyway, I sent a letter to the Director, Office of Government Information Services (OGIS), to appeal the wait for my C-File? Their primary federal responsibility is to monitor other Government FOIA Agency Programs for Compliance, Operations and Training.  I also sent a copy of that same letter to the VA General Counsel, Leigh Bradley, VA National FOIA Office Team and Director of  the VA Intake Center in Janesville, WI. to advise them that I have asked for help from the OGIS. I was careful not to send a letter directly to the VA Secretary yet because like I told all of these VA Staffs that I've been trying to resolve this at the lowest level possible? However, there's something very wrong with a system that should have  provided records in about three weeks that is now taking upwards of three years? Besides, from a legal perspective, an agency can't just ignore the FOIA  regulations and if they need more resources then perhaps their senior leadership  should be notified? At this point, I've tried to exhaust all of my administrative actions to obtain my C-file before I get to the point were I may have to eventually have to  take legal action.

Right now, too many Vets are in the same predicament as I am in and some kind of overall resolution needs to be happen soon? Overall, It's probably just means that the VA Intake Center needs more staff and that may fix it? Consequently, yesterday I watched a congressional hearing about VBA records issues and a senior VBA representative said now that 98% of veterans records are now digitized, so they should be able to just make a disk and send the C-files right out?

Anyway, I'll report back to hadit.com what happens? Who knows, I could be pleasantly surprised in a few days or maybe nothing may happen at all -but at least I'm trying something?

 

Godspeed Rootbeer22

 

 

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It also puts you at a disadvantage trying to get a nexus statement.

The doctor has to have access to your military records to offer a opinion, but if you don't have medical records or a c-file, its hopeless.

Edited by Fat
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