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Getting your C file and Mandamus


Berta

Question

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, so to get your C-File per your instruction, a couple of questions;

1) do you request it by return receipt requested and mail the request to Janesville, Wi. ?

2) if you have an open claim/appeal, will that in itself cause a delay in the claim or the request for the file?

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Im fairly sure, Berta, you can do a "docket search" at the CAVC website as long as you have the Veteran/claimants legal name, and it will pop up.   

I think you can even read about the case, at least the ones that are "not" redacted.  I never knew why/how they publish some Vets cases on the website, but not others.  

Perhaps, the Veteran or his representative, can ask that his case not be made public.  I would certainly think a Veteran should have the right to do just that.  

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Yes, the CAVC ( former COVA) web site has changed a lot over the past decades:

http://www.uscourts.cavc.gov/index.php?fullsite=yes

Lawyers are privy as far as I know to obtaining the Names, address etc of any petitioner before the case is even docketed by the court-

They do not put anything on the site that has not received a decision yet.

I too have not been able to find a specific veteran's CAVC case. Dont know why-

I try to read their recent decisions every week.

http://www.uscourts.cavc.gov/recent_decisions.php

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GBA rmy, Chris Attig, veterans' lawyer has three ways to get your C file here:

https://www.veteranslawblog.org/how-to-get-your-va-c-file/

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4 hours ago, GBArmy said:

Berta, so to get your C-File per your instruction, a couple of questions;

1) do you request it by return receipt requested and mail the request to Janesville, Wi. ?

2) if you have an open claim/appeal, will that in itself cause a delay in the claim or the request for the file?

Your second question i have been seeking an answer to for a long time but no one can give the answer. I have an appeal remanded in March. I would like to get a copy of my c-file but i am terrified any attempt to get it will stall derail or entirely fustercluck my  appeal. I envision a 6 to 18 month turnaround on getting the c-file and all of that time added onto my appeal giving VA an excuse to shove it to the side. Unless someone can convince me otherwise i absolutely won't request my c-file until my appeal is settled. I did get a copy over 20 years ago but i would like to get a new copy without causing a delay to my current appeal.

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