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

[blahsaysme2u]

found this on REDIT thread where i borrowed some phrasing for my original question post:

Quote

It's a lot faster to get your C-File if you open an inquiry with your congressional office. You sign a privacy release with them and then they make the request for your C-File and the VA will send it directly to them, then they will forward it to you. They will get it in a matter of weeks compared to months if you request it on your own. You could also mention the fact they erroneously denied your FOIA/PA request

.

has anyone done this? was it really quicker?

[Ralph Smith]

I received the exact same FOIA denial letter dated June 23, 2010 from Department of Veterans Affairs, St Lewis. The reason stated FOIA Exemption 6. Sounds to me VA does not want to release C-files anymore, using FOIA exemption 6. I submitted the request on VA Form 21-4138, Dec 2017, so they knew the request was for my file and the request was for my file.

[Berta]

I have made a point here dozens of times------

FOIA is for any lawyer you have gained POA with, so they can get your C file.

Just use The Privacy Act 5, USC, 552 to request your records or better yet use this form, as I mentioned in this thread before:

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

Send it to the RO who holds your C file.

A C file has limited info , your SMRs may or may not be in it and can be obtained via NARA.

Your VA medical records can be obtained via a request to the VAMC that has them.

I think they -the local VAMC - gave me a small form to sign to get my husband's VA medical records. I think had to prove I was his surviving spouse- but the VAMC knew that already.I was already a VA claimant .

Under the Privacy Act the VA MUST release to you what is yours-

The lawyers need to use FOIA if they need your records,if they represent you.

Covid has messed up a lot at VA, and at everywhere else- and VA Central still has a limited crew as far as I know.

 

Edited June 27, 2020 by Berta
storm affecting my satellite dish

[Berta]

PS, if this procedure for getting your VA records has changed,  please correct me somebody......

As within the scanned letter above, the VA is supposed to process FOIAs for  veteran's records ,under the Privacy Act without the veteran asking them to do that -

FOIAS take more time then Privacy Act requests .

Edited June 27, 2020 by Berta
storm affecting my satellite dish

[GBArmy]

I have difficulty in reading your attachment, but I would start with writing a letter to the Director?(manager) of the department you received the response from. (NPRC?) Anyway, say there was a clerical error; you want your OWN records, not some other veteran's. A the same time I would call the whitehouse hotline. Speak to  a rep and explain. The problem is where we send a letter back to a dept. like that, the clerk who logs in and directs it forward sometimes doesn't understand what you are doing and thinks that the request has already been dispositioned. It just ends up in the shreader. See what the hotline will tell you; you may have to start all over again.

[GBArmy]

I just saw Berta's earlier post, and I'm sure she is her suggestion will work. If you have to submit a new form, it is anyone's guess as to how long it's going to take to get your records, but i'm pretty certain it is going to be quite a while. The RO's aren't even back to full steam yet and in the meantime, veterans have been sending in requests for files and records and just adding to the piles. If you use a VSO, or lawyer, they can do some searching for you using the VBMS. But if you really want the whole file, that isn't going to work for you.