C-File Law Suit

[RBrogen]

Curious if anyone here has gone through the FOIA and had to ultimately sue the VA in Federal District Court to force them to provide their C-File in a more timely manner?  FOIA's are required to be fulfilled in 20 business days by law assuming no special circumstances.  Obviously the VA isn't going to respond to anything in 20 days but when it goes on for 6 months or longer that is ridiculous and slows our ability to address claim denials/issues quickly.  I just filed a FOIA appeal and was sent a letter from the Office of General Counsel, Veterans Administration that my FOIA request was DENIED under FOIA Exemption 6 but remanded to be provided via the Privacy Act.  The issue is that the Privacy Act process has no deadline so they can take as long as they want, while the FOIA actually has deadlines and a process for relief when they don't do what they are supposed to.  From my understanding, this is a tact the VA uses to confuse people into thinking it is a Privacy Act request and not a FOIA request.

Any thoughts would be greatly appreciated.

 

[GeekySquid]

4 hours ago, RBrogen said:

Lawsuit for failure to comply with FOIA laws which should cover filing fees and if you hire an attorney.

I will be fascinated to follow your case.

[GeekySquid]

2 hours ago, RBrogen said:

They don't make it easy because if vets have all of the information it makes it more likely that they will find new conditions to claim.

FUnny you say that. I am in a small war with my VARO head and his Change Management Agent to get them to print me a couple of my C&P's, code sheets, and notes. My VSO is useless and I am number 1 million in line at Janesville.

In our war I told the CMA that at this VARO Change Management must mean Change the Topic of Conversation. She was not happy.

She sent me a copy of the VA FOIA and promised to make sure it was taken care of ASAP... sure sure sure like I believe them.

I have attached it here for anyone who wants it.

VA7259 FOIA.pdf

[Berta]

I have made this point many times here over the years- a veteran does not need to file FOIA to get a copy of their C file or a copy of their medical records.

FOIA adds considerable time.

The form is here, or you can even do it via myhealthva, I think.....not sure, others would know 

https://www.washingtondc.va.gov/patients/roi.asp

Your C file can be requested with this form:

https://www.va.gov/vaforms/va/pdf/VA3288.pdf

FOIA might be appropriate only when VA has caused wuite a bit of time to lapse from your original 3288 request or medical records request .

Personally I would call the White House Hot Line if the initial requests on the proper forms are taking too long.

1-855-948-2311

If a vet wants to cie 5 USC 552, they need to cite the Privacy Act, not FOIA-

you have every right to any records that actually are yours in the first place.

There are ways to obtain SMRs as well, available here, but do not use FOIA.

Lawyers need FOIA to access their client's claims issues.Veteran's don't need to use it for what is theirs anyhow.

 

 

 

 

[Buck52]

I think I remember way back when I requested my complete C-File  the NRPC In St Louis  wrote me back requesting I send them the FOIA Signed. but  maybe that all has changed now? this was before the new Janesville claims intake Center...we used the R.O. and NRPC in St Louis

[Berta]

Buck, I have used FOIA many times in my life, but only regarding VA, in issues other than my actual  claims.

Ken Starr , who has been on TV a lot has signed many FOIA appeals I had, as he was the Solicitor General for FOIA many years ago.

One FOIA I sent to the US Drug And Alcohol Administration- very long ago was satisfied many years later when their FOIA office asked if I still wanted the info and he sent it to me.

FOIA is wonderful, but  has to be quite specific. I have 2 FOIAs now with VA, but nothing to do with my claims in any way at all.I always stress the Public's Right to Know, for the info I request.

One recent FOIA at OGC - I might even withdraw. It was based on info a disabled veteran gave me- long story there- and I found out he had deliberately lied to me about this Issue that involved him and the OGC

My fault- I should have never dealt with him at all.He had pleas on the internet for help from anyone with experience in  a FTCA issue.I tried to deal with his lawyer who said he would call me and discuss the case but never did.I should have know right away something was not kosher.

 

Edited July 28, 2019 by Berta

[RBrogen]

27 minutes ago, Berta said:

I have made this point many times here over the years- a veteran does not need to file FOIA to get a copy of their C file or a copy of their medical records.

FOIA adds considerable time.

The form is here, or you can even do it via myhealthva, I think.....not sure, others would know 

https://www.washingtondc.va.gov/patients/roi.asp

Your C file can be requested with this form:

https://www.va.gov/vaforms/va/pdf/VA3288.pdf

FOIA might be appropriate only when VA has caused wuite a bit of time to lapse from your original 3288 request or medical records request .

Personally I would call the White House Hot Line if the initial requests on the proper forms are taking too long.

1-855-948-2311

If a vet wants to cie 5 USC 552, they need to cite the Privacy Act, not FOIA-

you have every right to any records that actually are yours in the first place.

There are ways to obtain SMRs as well, available here, but do not use FOIA.

Lawyers need FOIA to access their client's claims issues.Veteran's don't need to use it for what is theirs anyhow.

 

 

 

 

Hey Beta ... the reasoning behind using lawyers using FOIA is so they can get the documents faster.  The FOIA doesn't give them the right to get another vets files, a power of attorney does that. The reason for this is because FOIA has a LEGAL DEADLINE of 20 business days to respond where as all other avenues, including privacy act requests have no deadline so the VA can take as long as they like to respond which is why on average it takes 6-12 months for them to produce a file.  If you are fine with that amount of time then no worries but it is another option.  Generally speaking, you file FOIA, the VA has 20 business day to respond, when they don't (and they won't), you file FOIA appeal and they clock is 20 business days for them to respond, when they do, and use the BS of denial because it's a privacy act statement to delay further, you can call their FOIA mediator. This position they created to try and avoid litigation costs because people are finding out about FOIA and that it is making them do their jobs.  If their mediator doesn't side with you or delays the process, will out a complaint at the US Federal District Court, you can get fees waived ( or covered by the US Attorney's Office defending the VA) because they will loose.  Bottom line is that the VA 1) has no right to deny a veteran's files 2) a legal obligation to provide a veterans information to them in a "timely" fashion and 3) morally to do so without throwing up road blocks that wind up delaying until some veterans die and leave their families stuck trying to sort their mess out, or worse yet, not even aware that they have benefits.