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Why so long for FOIA requests

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MKAH

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
 

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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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.

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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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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  • HadIt.com Elder

FOIA usually on the statement in support of claim'' or included when you sign it.

I tell every Veteran I see that is ''going to or fixing to"  file a claim to send in the FOIA Request and request his/her C-File at the same time. (Before filing a Claim)

If you wait to do this and file a claim, the VA will send off for most of your Records (normally)  even if you send them in what Records you have in your possession , they want to make sure these records are official...ok this is in part (my opinion) what slows down the claims process.

When this happen your Records are no where to be found and the wait is on.

So please send for all your military service & medical Records (C-file most important) before you file a claim, go through these records, you may find information in them that will speed up your claim and also file for other conditions you never knew about/remembered if the information is there.

JMO

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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