VA denied my FOIA request for my own C-File

[blahsaysme2u]

well now what? i requested my c-file with the steps and tips and letter format that VLB(vet law blog) gives for getting your c-file with FOIA. i got a denial from the va stating "exemption 6".

"FOIA Exemption 6 protects records the release of which would lead to a clearly unwarranted invasion of a living individuals personal privacy".

"Living Veterans have an obvious privacy interest in their VA claims file that include ss numbers, dob, and financial, educational, and medical information. the public disclosure of such information would constitute a clearly unwarranted invasion of personal privacy. you have not identified and we do not find that the public interest outweighs the interests of a living Veteran in the information maintained in his or her VA claims records. Accordingly, the VA claims file you requested is denied under FOIA exemption 6."

The best part? I am requesting MY OWN C FILE!!!

i searched the forums here for something on this but looks like no one here has ran into this or hasn't talked about it in a specific post question. any help?

thanks guysz

[awgv001]

You can submit the 3288, or visit your regional office to view and copy your cfile in person.

As for the FOIA denial - it does have the steps to follow to appeal it with (90) days - then just tell them what you told us - you ARE the veteran, those are YOUR records you are requesting ^_^

I don't know what steps that the firm you mentioned follow - and I'm now definitely not going to pay them a subscription to find out either. LoL

[blahsaysme2u]

oh i didnt pay for anything. sorry i gave wrong info. i went here

https://www.disabledveterans.org/2011/01/14/disabled-veterans-sample-foia-letter/

 

[awgv001]

32 minutes ago, blahsaysme2u said:

oh i didnt pay for anything. sorry i gave wrong info. i went here

https://www.disabledveterans.org/2011/01/14/disabled-veterans-sample-foia-letter/

 

*Whew* That's a relief to hear -

I like the second example they use, if I were going to file one for myself. Except I would use the paragraph --

" I hereby request a copy of all documents contained in Mr. Smith claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides. "

-- in the body of my statement.

Something obviously went wrong somewhere - if it were me I would simply reply to the email they provided with your appeal.

I think what they are trying to say in short is that they think you are someone else is trying to retrieve "someone's" records.

 

"I am the Veteran, and these are MY records I am trying to get a copy of"

 

I do not know what kind of verification they are looking for to satisfy the argument here, it is truly strange.

Maybe with an appeal and a second glance someone will get this right.

Edited January 18, 2020 by awgv001

[blahsaysme2u]

32 minutes ago, awgv001 said:

Something obviously went wrong somewhere - if it were me I would simply reply to the email they provided with your appeal.

i didnt even notice that email address. i will try emailing it and see if i can get some some additional information. 

 

[Berta]

Awgv001 is correct.

Here is the form:

https://www.va.gov/vaforms/va/pdf/va3288.pdf

Using FOIA for C file requests ,from the claimant , who the C file belongs to , is not needed and will add more time to the request.

 

But the letter does state that they will continue process your request under the Privacy Act.

I would just wait for that result.

You inservice SMRs and personnel file must be requested from NARA with a SF 180:

https://www.archives.gov/veterans  and can be done on line.

They will give you a form on line to print out, sign it, copy it for your records, and then send it to where the site directs you too.

VA Medical Records:

This is one way:

https://www.va.gov/health-care/get-medical-records/

or 

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

https://www.myhealth.va.gov/mhv-portal-web/ss20180620-get-your-va-health-record-quickly-and-easily

As this VA link states:

"You can still request medical record information from your VA facility Release of Information Office."

They have a form there that you would have to sign.

 

 

 

[blahsaysme2u]

i have actually already done both of these things. thank you so much for the additional info. i guess where i failed is requesting through FOIA. i didnt notice they are still processing the Privacty Act. isnt the privacy Act in the FOIA? im so confused by all this.

thanks so much for the direction