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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
 

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I filed a FOIA request last year for my C-File and it took 9 months to get the CD.  

I have had a number of exams this summer for my CUEs and requests for increases, so I have just done another C-File request.  Hopefully it will have all the info in it from my current claims when I finally receive it.  I want to be prepared in the event I want to appeal any decisions I receive.  :-)  

One of the CUEs I filed is based on information I found in the C-File I received recently.  I requested peripheral neuropathy in 2009 when I retired; I was examined for it by the VA and it is on a DBQ - but it was on a Bone DBQ instead of a PN DBQ and got overlooked when I was rated.  

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I have said this many times here for over 20 years.....

Your C file belongs to you. That means a Privacy Act request under 5, USC, 552 might well take less time than a FOIA. Privacy Act 5, USC 552, always worked for me.,for my C file and for my husband;s VA medical records.

FOIA is different.

MKAH said:

"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."

If you have proof that VA received the above info and than never considered it and never listed it in the Evidence list, you can file CUE under violation of 38 CFR 4.6.

 

 

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