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]

20 minutes ago, Patton said:

Sorry for the rant!

not a rant, a very FU'd situation.

When did you get out?

did you ever get another C-File before this request?

have you had VA treatment besides the C&P?

if you had gotten a previous C-File was that VA treatment after you got it?

23 minutes ago, Patton said:

There is 1 page showing that they had requested VES to conduct my C&P Exam, but nothing else. No DBQ showing why they denied my claim.

depending on date sequence this might happen. But it assumes a lot of "ifs" and I would not put much stock in them all falling into line.

[Patton]

Thanks for the reply GreekySquid!

I got out in 1990. I did get a copy of my C-File in 2017 and had many VA appointments since then. In 2018, I went from 40% to 80% and none of that was included either.

The sad part of this is that my Plantar Fasciitis claim should be straight forward. It is on my problem list in my STR, VA and Private Doctor records. My Private Doctor wrote a NEXUS and completed a DBQ. The VA has given me shots in the bottom of my feet and issued me inserts but it has not resolve my problems. I would really like to find out why they are still denying my claim.

 

[GeekySquid]

37 minutes ago, Patton said:

In 2018, I went from 40% to 80% and none of that was included either.

This is a decided problem.

This is also an FOIA and I think a complaint to the OIG.

If you had gotten out 30 years ago and never gotten your c-file that would be one thing.

But I have to assume that the previous c-file was complete and it is just the files since then that are missing.

If I were you one thing I would definitely do is download your entire blue button medical record from Healthy Vet.

I would include that PDF file and all the X-rays, test results etc, in your complaint and I would appeal the denial and upload that entire file PLUS the direct excerpts from it that relate to your claim.

What this does is makes sure all your current VAMC records will be associated to your claims file.

Please note that Blue Button only holds 3 years of records. EVERY veteran should be downloading a copy at least every year. I do mine every month. Getting those older records are a nightmare, and in your case for some reason you are not having your files associated to your C-File.

I suspect some other Veteran is getting those files mixed in with theirs.

By some chance do you have a common last name? that might be a contributing factor.

This situation definitely needs an OIG investigation.

[Patton]

1 hour ago, GeekySquid said:

This is a decided problem.

This is also an FOIA and I think a complaint to the OIG.

If you had gotten out 30 years ago and never gotten your c-file that would be one thing.

But I have to assume that the previous c-file was complete and it is just the files since then that are missing.

If I were you one thing I would definitely do is download your entire blue button medical record from Healthy Vet.

I would include that PDF file and all the X-rays, test results etc, in your complaint and I would appeal the denial and upload that entire file PLUS the direct excerpts from it that relate to your claim.

What this does is makes sure all your current VAMC records will be associated to your claims file.

Please note that Blue Button only holds 3 years of records. EVERY veteran should be downloading a copy at least every year. I do mine every month. Getting those older records are a nightmare, and in your case for some reason you are not having your files associated to your C-File.

I suspect some other Veteran is getting those files mixed in with theirs.

By some chance do you have a common last name? that might be a contributing factor.

This situation definitely needs an OIG investigation.

Thanks for the information! This is very helpful. Patton is my last name, which there is a few of us out here but I would not say it is a common last name.

I need to look closer at my old C-File, but I do know that not all of my STR are there. Then there are multiple copies of other things in the file. Something has just dawn on me, when I filed for GERD, I could not find the results from an upper GI done during service, but the C&P Examiner did. I just looked and it is not in my C-File they sent me in 2017.

I will look into how to file an OIG Investigation, because I am done playing games. In the past I have tried to get things corrected (thru FOIA) in my Healthy Vet with no results. Maybe I can bring that up again with the OIG.

It looks like I have a lot of work in front of me.

I will google OIG but do you have a link for them?

Edited August 9, 2019 by Patton
wording

[GeekySquid]

2 minutes ago, Patton said:

Then there are multiple copies of other things in the file.

that is an artifact of the files being in different locations when they compiled them into a single PDF. They don't read them, they just compile them. 10 buck an hour workers handle our files.

3 minutes ago, Patton said:

because I am done playing games

I hear ya brah, I am there too.

4 minutes ago, Patton said:

I will google OIG but do you have a link for them?

not at my fingertips but google will pop it up.

You also want to file your written complaint with every member of the House and Senate Veterans Committees, The White House and CC Secretary Wilkie. I would also be contacting my State Veterans Office, and Senators and Reps and state Veterans Committees. I am nasty enough I would send out a press release to every reporter and news agency that does investigative reporting. Yep that will be a lot of postage but IMO the more attention you get to your problem the faster they will resolve it.

The VA losing records, particularly at your volume, violates about a half dozen federal laws and VA's own regulations. Think Hippa, Federal Records Management Act, FOIA (for putting your files in someone elses file) MR21 and I think it is VA's MR 26 but look at the list of VA Forms and Regulations on VA.GOV.

It also violates the VA Technology Requirements.

I would not give them quarter on this and if any of them hint at saying "just give us a chance" your response needs to be F NO!.. if you have any Social Media post the letter there and get public chatter on the situation. I would hype the reality of the VA Wait List Scandal and the Opiate Scandal and lets not forget Shredder-gate. The VA has a history of whitewashing this stuff and if I were you I would go on the offensive in a big big way.

I will suggest you try and tag in @Berta and @asknod for the names and or addresses to send the stuff too for the biggest impact.

[Patton]

@GeekySquid I am on the same wave length. LOL! When somebody try's to miss lead me or tells me I can't do something, I am all out to prove them wrong.