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Over 21 months for a cFile request

dwbell99

Asked by dwbell99,

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dwbell99 Enthusiast

dwbell99

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Posted

What is my best course of action to try and get this expedited?

Claim for freedom of information act / privacy act request
updated on July 15, 2020
Status: Initial review
We sent you a development letter
Submitted on: September 6, 2019

*** View Details ***
1. Claim Received on Sept 6, 2019
2. Initial Review <<<<<< CURRENT STATUS
3. Evidence gathering, review, and decision
4. Preparation for notification
5. Complete Estimated date: June 17, 2021

*** Details ***
Claim type: Freedom of Information Act / Privacy Act Request
What you’ve claimed: Veteran request c-file on 4138 (New)
Date received: Sept. 6, 2019
Your representative for VA claims: TEXAS VETERANS COMMISSION

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GBArmy
GBArmy

dwbell99 I don't know, but it is interesting as it is a major problem with most of us. I would first issue an IRIS request because they are supposed to respond within 1 week. I also would try to find

shrekthetank1
shrekthetank1

I took me 6 years and my lawyer now finally got my a copy.  

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GBArmy Grand Master

GBArmy

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dwbell99 I don't know, but it is interesting as it is a major problem with most of us. I would first issue an IRIS request because they are supposed to respond within 1 week. I also would try to find something on timeliness in the VA M21-1 manual also. But this is something to post here for people to follow your progress

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GBArmy Grand Master

GBArmy

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Wow, Shrek, 6 years. Was it a tangle of denials and "lost your records", or just they don't like guys from Nebraska?

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shrekthetank1 Veteran

shrekthetank1

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They have been sending me regular letters telling me it was ready for the past two years and would not send it.  My lawyer finally requested it and i got a CD of it also.  I was ok as they were using it but I could not see it until now.  

They probably just don't like me LOL!

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Vync Grand Master

Vync

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My request is still in limbo, too.

When I check online, they removed the estimated time of completion.

When I called the 1-800 number, they said that if it was more than 10 pages, it would need to be sent on disc. They also claimed to have heard that because of the coronavirus and many employees working remotely, they are unable to use the equipment at the VARO to create and mail out discs. No idea if this is true, but it sounds plausible.

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Lemuel Proficient

Lemuel

Posted
Posted
On 7/27/2020 at 12:31 AM, dwbell99 said:

What is my best course of action to try and get this expedited?

Claim for freedom of information act / privacy act request
updated on July 15, 2020
Status: Initial review
We sent you a development letter
Submitted on: September 6, 2019

*** View Details ***
1. Claim Received on Sept 6, 2019
2. Initial Review <<<<<< CURRENT STATUS
3. Evidence gathering, review, and decision
4. Preparation for notification
5. Complete Estimated date: June 17, 2021

*** Details ***
Claim type: Freedom of Information Act / Privacy Act Request
What you’ve claimed: Veteran request c-file on 4138 (New)
Date received: Sept. 6, 2019
Your representative for VA claims: TEXAS VETERANS COMMISSION

Have you submitted a compensation claim?  If not get the claim in.  Send a NOD to the BVA for delay even if you haven't had a rating decision but your claim is over 18 months old.

If so, ask your Representative to submit a Rule 21 petition referencing Godsey v Wilkie, Vet. App. 17-4361, and the Regulation on filling an FOIA/Privacy Act Request.  I think they are only allowed 20 days.  It will cost $50.00 to file unless you qualify for forma paupers because you are having trouble making ends meet.  But cranking up the heat on the VA will help others also.  If you need the $50.00, just ask.  We'll come up with it.

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