I never have enough time to peruse the whole VBM- but they make a good point in the 2018 VBM.
As I have advised here MANY MANY TIMES , do NOT use the Freedom of Information act, 5, USC, 552, but use instead the Privacy Act under 5, USC 552, to request your C file.
FOIA under FOI Act will add more time to their release of the C file. Your lawyer however would have to use FOIA to get the C file.
NVLSP agrees -Use the Privacy Act 5, USC, 552, and actually you should not even need to cite any regulation to get copies of records that belong to you, in the C file...
Also NVLSP advises ,if your C file request has gone unsatisfied for 6 months or more- to file a Writ of Mandamus- (and send a copy to the VARO..they didnt say that , I do however,because a Mandamus writ I filed decades ago was denied by the court, but nevertheless, the copy my RO got also got some thumbs out of butts.)
I paid the filing fee but they will usually always waive the fee. And it usually does not take the CAVC long to read a writ- and deny it , and very few are awarded, but it is one more way to get your C file if a reasonable period of time has passed without getting it.
I got 12 letters and.or phone calls from vet lawyers when I filed my writ- but as soon as they found out it was for Mandamus they didnt want to get involved. However Ken Carpenter was one of the lawyers who called me, and we talked for over an hour re: all things VA.......and he was surprised at what I had done so far without a lawyer, in my FTCA case. It used to be that lawyers only picked up filings at CAVC ( and COVA) with only the claimants name and address and phone number in those days , and they did not have access to what the case filed was all about.Maybe it is still like that.
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Berta
I never have enough time to peruse the whole VBM- but they make a good point in the 2018 VBM.
As I have advised here MANY MANY TIMES , do NOT use the Freedom of Information act, 5, USC, 552, but use instead the Privacy Act under 5, USC 552, to request your C file.
FOIA under FOI Act will add more time to their release of the C file. Your lawyer however would have to use FOIA to get the C file.
NVLSP agrees -Use the Privacy Act 5, USC, 552, and actually you should not even need to cite any regulation to get copies of records that belong to you, in the C file...
Also NVLSP advises ,if your C file request has gone unsatisfied for 6 months or more- to file a Writ of Mandamus- (and send a copy to the VARO..they didnt say that , I do however,because a Mandamus writ I filed decades ago was denied by the court, but nevertheless, the copy my RO got also got some thumbs out of butts.)
I paid the filing fee but they will usually always waive the fee. And it usually does not take the CAVC long to read a writ- and deny it , and very few are awarded, but it is one more way to get your C file if a reasonable period of time has passed without getting it.
I got 12 letters and.or phone calls from vet lawyers when I filed my writ- but as soon as they found out it was for Mandamus they didnt want to get involved. However Ken Carpenter was one of the lawyers who called me, and we talked for over an hour re: all things VA.......and he was surprised at what I had done so far without a lawyer, in my FTCA case. It used to be that lawyers only picked up filings at CAVC ( and COVA) with only the claimants name and address and phone number in those days , and they did not have access to what the case filed was all about.Maybe it is still like that.
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I never have enough time to peruse the whole VBM- but they make a good point in the 2018 VBM. As I have advised here MANY MANY TIMES , do NOT use the Freedom of Information act, 5, USC, 552, but
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