Freedom of Information Act ( FOIA ) Veterans letter

Here are two Freedom of Information Act (FOIA) letters. The first one I borrowed from a law firm for disabled veterans requesting copies of their disability claim folder (which will contain your Service Medical Records (SMR’s)). The second is for disabled veterans requesting a copy of their Vocational Rehabilitation and Employment (VR&E) claim folder. These are two separate folders! The request for the regular SMR will need to go through the regular channels of the VA. The quickest way to the the Voc Rehab folder is to hand carry the request into the Voc Rehab office. Mix and match whatever language suits you best. If the first one seems too “teethy”, then alter the second to request your SMR’s.

July 18, 2008

Privacy Act Department

Department of Veterans Affairs Regional Office

575 N. Pennsylvania St.

Indianapolis, IN 46204

Re: Mr. Smith’s Claims Folder FOIA Request

css-xxx-xx-xxxx

Dear Staff:

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. Enclosed is a Privacy Act Waiver signed by Mr. Smith authorizing disclosure of these records.

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.P.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i). Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)(C)(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d).

Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the tiling of a federal lawsuit to compel the production of the information, which may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you.

Very truly yours,

BIG NAME LAW FIRM (OR YOU)

_______________________________________________

Name
(Insert Address)
(Claim Number)

(Date)

(Counselor Name)
Department of Veterans Affairs
(Address of Vocational Rehabilitation Office)

Re: Freedom of Information Act (FOIA) request

Dear (Insert Counselor Name):

I am writing to request a copy of my Vocational Rehabilitation and Employment file through FOIA. Please furnish a copy of my file to the above mailing address.

My file can be found under: (Claim Number)

I further request a full waiver of fees associated with this request. The information I am requesting is material to my claim for benefits from the VA.

If you deny this request, please cite the reason you feel justified for the denial, and provide me with information I will need to make an appeal.

Please contact me with any questions about this appeal via phone or email at (insert phone number and email address).

Sincerely,

(Signature)
(Typed Name)

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Joseph

Greetings all! My name is Joseph, and I just retired from the Air Force in Feb 2012. I had hoped that the VA would not treat me as poorly as they have these past few months, but I get the sense that I've been kicked to the curb. I've completed all of my medical appointments, and I've provided all requested documents. To-date, I have not received my VA medical ID card, nor have I received a copy of my claim-form; the request submitted in writing was delivered more than four weeks ago; thus far, nothing. I'm attending school under the Post-911 GI bill, and thus far, I've achieved a 4.0 GPA in Information Technology of Applied Science. My injuries are serious, and yet the VA offers me no help or assistance in cost-care. Due to over-population of my local base, I am no longer permitted to use the base medical facilities, and have thus be forced into selecting a civilian Primary Care Manager; this gets expensive I might add. I suffered from colon cancer back in 2003, and ended up having a permanent colostomy installed; they removed my entire rectum and surrounding tissue. According to the VA disability ratings chart, I'm to be awarded 100% percent disability for this injury alone. The injury was identified while deployed to Turkey in support of the initial stages of the war in Iraq, and thus is deemed a service connected injury. I have other injuries, such as a complete ankle fusion of the lower right extremity. The other injuries I've yet to claim as I did not want to bog-down the VA claims process with too many injuries; I now realize this mistake. As stated, I'm attending school using the Post 911 GI bill, and while they've paid for my schooling, I've yet to receive a housing allowance. My classes are on-line, and according to the latest regulations governing on-line classes, members attending on-line classes are to receive at least 50% percent of E-5 housing pay; thus far, nothing. I've contacted the ever-difficult eBenefits hotline, and was told to fax my DDForm 214; this was done, and to day (almost two months), no payments have been received. The VA has me running in circles! I've yet to have my "Prime" eBenefits account established. I've requested the DS Login information but after three months of waiting, still nothing. I went to the local VA DAV office, and had my Basic account upgraded to Prime. But when I got home, my password failed. I called their tech support, and the guy deleted my account and told me to start over. I've done that, and now I'm unable to obtain a "Prime" account because they claim that my identity could not be verified, EVEN when logging in with my DFAS user-id and password. Colostomy equipment is expensive, and I cannot afford the c0-payments every time I visit my civilian PCM. The co-payment for each appointment ranges from $32 - $60 dollars, and this does not include the co-payment for the colostomy equipment at about $32 dollars. Thus, as you can see, it's getting quite expensive for me to buy colostomy care equipment. I could get this from the VA Hospital, but they have failed to send me my VA ID card, and thus I cannot use the service. I'm almost out of money, and I'm stuck! I do have a job, but it's a "TEMP" job, with the hopes of being hired; thus far, no luck. Having been forced to retire from the Air Force, as a TSgt, my retirement pay covers my mortgage and utility; all other expenses are paid with my TEMP pay-check, which only equates to about $1,700 monthly. As you can see, I have enough to survive, but life is getting much tougher. Any help would greatly be appreciated. I've tried calling the VA but I keep getting their "high-volume" message, and when I schedule a call-back, it's always weeks out. Please help if anyone has information. Joseph

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