C&P Reports and VBMS Access

[RBrogen]

Hi Everyone,

It's been a hot minute since I've been on but hope all are doing well.  I've been assisting a few vets with the claims process and I have a 75 y/o Vietnam vet how has a lot of scars secondary to heart operation that is currently service connected.  We filed for his scars back in May 2022, after multiple C&Ps, he got a decision on 12/23/2022 that service connected every scar with "0% rating - Final Decision Deferred".  When I was going throught the process, about 3-4 weeks after the C&P my report would be uploaded to myhealthvet.com Blue Button records.  This vet has can't seem to get the VA to upload anything to his account and he keeps getting bounced around and now was forced to file a FOIA for the C&P reports.  What a damn crock of crap forcing vets to damn near sue to get their own C&P reports.  Anyway, I digress, I had read that if we contact an accredited VSO who has access to the VBMS system that they could download and send him the C&P reports (obviously with the appropriate 21-22a completed).  I wanted to gut check the vast experience here to see if anyone else is; having the same issues getting records and/or have ever been able to get records from accredited VSO?

Thanks in advance,

Randy

[ShrekTheTank]

sounds good ty.  

My real concern here is how long this process takes.  I mean if I had an active C&P that I need to rebuttle there if no way that is going to happen.  

[RBrogen]

2 minutes ago, shrekthetank1 said:

Claim type

Freedom of Information Act / Privacy Act Request

What you’ve claimed

Not Available

Date received

July 25, 2022

Your representative for VA claims

VETERANS OF FOREIGN WARS OF THE US  

Here is information about VA Requird FOIA RESPONSE TIMES: 

 

V. Response Times
All federal agencies are required to respond to a FOIA request within twenty
business days, excluding Saturdays, Sundays, and legal holidays. This time
period does not begin until a perfected request (information requested is
clearly stated, request is signed, and there are no pending fee issues) is
actually received by the FOIA office that maintains the records sought. An
agency is not required to send out the releasable documents by the last
business day; it can send you a letter informing you of its decision and then
send you the documents within a reasonable time afterward. Some offices
within VA, such as our Administration Headquarters receive thousands of
requests each year. Many of these requests require a line-by-line review of
hundreds or even thousands of pages of documents. Although VA makes
every effort to respond to FOIA requests as quickly as possible, in some
cases it simply cannot do so within the specified time period. This may be
due either to the size of the request or to the fact that the center has a
backlog of previously received requests that are waiting processing.

The FOIA office may extend the response time for an additional ten business
days when:
• the office needs to collect responsive records from various directorates
and offices,
• the request involves a "voluminous" amount of records that must be
located, compiled, and reviewed, or
• the office needs to consult with another agency or other VA offices that
have a substantial interest in the responsive information.
When such a time extension is needed, the FOIA office will notify you of this
in writing and offer you the opportunity to modify or limit the scope of your
request. Alternatively, you may agree to a different timetable for the
processing of your request.

If a determination on your request is not made within the applicable time
period and you have not agreed to a different response timetable, you may
file suit in federal court to pursue a response. If, however, the court
concludes that you have unreasonably refused to limit your request or to
accept an alternate timetable for response, the court may find that the
component's failure to comply within the statutory time period is justified.
The court may excuse the lack of a timely response if the component
demonstrates that it has a backlog of requests that were received before
yours, that it processes its requests on a first-come/first-served basis, and
that it is making reasonable progress in reducing its backlog of pending FOIA
requests. In such cases, the court may postpone its consideration of your
lawsuit until the agency reaches your request in its processing backlog.
Alternatively, Executive Order 13392, dated, December 14, 2005, provides
FOIA requesters the opportunity to request that an agency’s FOIA Requester
Service Center(s) check on the status of their FOIA requests. As mentioned
above, the Department of Veterans Affairs has established such a center for
each of its management offices, with a FOIA Public Liaison named for each,
whom FOIA requesters may contact by telephone if they are dissatisfied with
the response of the center's FOIA Requester Service Center. FOIA
requesters are strongly encouraged to make use of these new services.

Just now, shrekthetank1 said:

sounds good ty.  

My real concern here is how long this process takes.  I mean if I had an active C&P that I need to rebuttle there if no way that is going to happen.  

Exactly my point, this is the VA process which is exactly why I am going to be pushing my Senators to get a new law in place.

[ShrekTheTank]

1 minute ago, RBrogen said:

Here is information about VA Requird FOIA RESPONSE TIMES: 

 

V. Response Times
All federal agencies are required to respond to a FOIA request within twenty
business days, excluding Saturdays, Sundays, and legal holidays. This time
period does not begin until a perfected request (information requested is
clearly stated, request is signed, and there are no pending fee issues) is
actually received by the FOIA office that maintains the records sought. An
agency is not required to send out the releasable documents by the last
business day; it can send you a letter informing you of its decision and then
send you the documents within a reasonable time afterward. Some offices
within VA, such as our Administration Headquarters receive thousands of
requests each year. Many of these requests require a line-by-line review of
hundreds or even thousands of pages of documents. Although VA makes
every effort to respond to FOIA requests as quickly as possible, in some
cases it simply cannot do so within the specified time period. This may be
due either to the size of the request or to the fact that the center has a
backlog of previously received requests that are waiting processing.

The FOIA office may extend the response time for an additional ten business
days when:
• the office needs to collect responsive records from various directorates
and offices,
• the request involves a "voluminous" amount of records that must be
located, compiled, and reviewed, or
• the office needs to consult with another agency or other VA offices that
have a substantial interest in the responsive information.
When such a time extension is needed, the FOIA office will notify you of this
in writing and offer you the opportunity to modify or limit the scope of your
request. Alternatively, you may agree to a different timetable for the
processing of your request.

If a determination on your request is not made within the applicable time
period and you have not agreed to a different response timetable, you may
file suit in federal court to pursue a response. If, however, the court
concludes that you have unreasonably refused to limit your request or to
accept an alternate timetable for response, the court may find that the
component's failure to comply within the statutory time period is justified.
The court may excuse the lack of a timely response if the component
demonstrates that it has a backlog of requests that were received before
yours, that it processes its requests on a first-come/first-served basis, and
that it is making reasonable progress in reducing its backlog of pending FOIA
requests. In such cases, the court may postpone its consideration of your
lawsuit until the agency reaches your request in its processing backlog.
Alternatively, Executive Order 13392, dated, December 14, 2005, provides
FOIA requesters the opportunity to request that an agency’s FOIA Requester
Service Center(s) check on the status of their FOIA requests. As mentioned
above, the Department of Veterans Affairs has established such a center for
each of its management offices, with a FOIA Public Liaison named for each,
whom FOIA requesters may contact by telephone if they are dissatisfied with
the response of the center's FOIA Requester Service Center. FOIA
requesters are strongly encouraged to make use of these new services.

This is funny as hell!   Below is when they closed my claim.  

We closed your claim on December 12, 2022

We finished reviewing your claim and a decision has been made. You can find your decision letter in the claim letters page.

A decision packet will also be mailed to you. Typically, decision notices are received within 10 days, but this is dependent upon U.S. Postal Service timeframes.

[RBrogen]

Just now, shrekthetank1 said:

This is funny as hell!   Below is when they closed my claim.  

We closed your claim on December 12, 2022

We finished reviewing your claim and a decision has been made. You can find your decision letter in the claim letters page.

A decision packet will also be mailed to you. Typically, decision notices are received within 10 days, but this is dependent upon U.S. Postal Service timeframes.

That's because internally, VA raters have a quota and a time clock and thye needed to get stuff finished by end of year for thier reviews for promo and salary

[ShrekTheTank]

I will say this is the hardest fight I have ever done.  My time in Iraq was easier than this.  

[Whodat]

You got that right.