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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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MKAH

Why so long for FOIA requests

Question

After the denial of my PTSD claim, I received a poorly written canned form letter, hap haphazardly pointing to all the reasons for the denial.  Some of the reasons were used several times in the same letter, as if it had but cut and pasted from some master document of denial reasons. 

The letter  contained numerous errors, eg;
No sudden request duty assignment change, lay statements from family, service members, deterioration on work performance, behavioral changes, excessive leave, changes in your performance without explanation ...bla bla bla.

Well, that's total BS, I provided detailed statements from my wife, father, mother, daughters and the Lt. Colonel  of the unit I was assigned to during the assault, all detailing deterioration my work performance, behavioral changes,
I provided documentation that I applied had for and was rejected a transfer to another unit, and also applied for and was approved for terminal leave.

However, the letter did clearly state, "VA evidence shows a medical diagnosis of of PTSD, pursuant to the criteria in DSM-V."

Anyway, I thought it may be helpful to get a hold of my C-File regarding the claim to review what was actually considered rather than what the denial form letter stated.  I thought by doing so, this  would allow me to better address those points and any other incorrect information in the original decision that could potentially be used in developing my appeal.

I submitted the FOIA request about ten months ago, and it remains in the collection evidence stage with a completion estimated date of over a year.  Interestingly, Ebenefits lists; "Requested Documents are Past Due".  After contacting "Peggy, this is not actually the case and they were not missing anything regarding my FOIA request.

Is it normal for this FOIA request process take so long?

Thank you
 

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Mine took about 6 months, but I've seen someone receive their file in 2 months. I think it depends on the Regional Office your assigned to.

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My 1st C-File FOIA 9/12, filed while I was on (2) NODs 10 & 12 requesting DRO Hearings, took about 13 months for the 9" stack to arrive 01/14. most recent C-File FOIA 11/16 just arrived mid 07/17 on CD  8 months is a big improvement but certainly not the "Speed of Light."

Semper Fi

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Smoothc100, Gastone;

 

Thank you for the replies, I really appreciate the feedback.  It must be pretty busy at the RO's.

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MK, go easy on the "Must be busy at the RO's." Keep in mind the VARO employee charged with filling your FOIA request is not getting paid by "piece work."                                                                                 I don't think anybody at the VA has to worry about any  over-zealous VA FOIA Employee "Killing the Job." Then again, I could be (this hurts) WRONG.      If the VA gets 70% productivity (I think is overly generous) that's 5.6 hrs for 8 hrs pay.     Semper Fi

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Not to worry you but my fioa took two years.

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