Jim,
I'm an Accredited Veterans Benefits Agent Veterans Advocate and I have a question. do the regional offices at the VBA have the legal obligation to request files on our behalf from other out of state VAROs? In other words, our local VARO is concerned about the cost that is incurred when we request files out of our area. If I am to request the file under FOIA, to our office, that seems more time consuming and a more tenuous. Please advise.
Reply:
I try my best to steer away from the term "legal obligation". The easy answer is that of course they have the "legal" responsibility to do what is required to assist the veteran to develop his case.
That's easy to see in any "Duty To Assist" conversation...it's clear that there is an obligation to do what it takes to a point. VA isn't required to pay exorbitant (or any) copying fees that civilians may
impose. Some civilian providers now are charging $1.00 per page for record copies...absurd but real.
However, do VA regularly break that law? Sure they do. Can you force them to abide by their "Legal Obligation"? If you figure out the way to do that, please patent it and sell it in quart jars. We'll all be
buying and you'll be rich.
I've started advising many folks that FOIA is the way to go no matter what. A well written FOIA will often trigger events above the usual chain of command and they are more cautious to comply. You know the drill...the FOIA request must be well written, specific to a fine degree and sent via certified mail RRR and so on.
Many of the attorneys I work with are now requiring that veteran clients get their own files. That sometimes works best as well. Hope that helps.