Jim,
I have a veteran friend who went to his Regional Office and turned in an NOD. Things went according to normal, document NOD was copied and date and time stamp applied. He was then told the C-File was the property of the VA and was for their use only but they would furnish him with copies of his medical records. I thought that the Freedom of Information Act entitled him to his entire C-File. My Question is am I correct or have I been mis-lead? If correct what steps do you recommend he take? Thanks for your reply and keep up the good work. God Bless.
Reply:
I've always advised veterans to avoid in person dealings with VA. I understand the thought process and that handing paperwork to an individual seems an effective method of being sure it's properly received but that isn't usually the case.
Certified mail is the only sure way to deliver documents. Does it make sense to spend a few bucks if you live within driving distance of the VARO? Yes, it's worth the money.
I also advise that veterans avoid face to face interactions with VA staff. There is something fishy about the tale I'm hearing. If a VA employee told a veteran he couldn't have his C-File copied, that information was wrong. A veteran must have a copy of his C-File so that he can perfect his case.
You mention the Freedom of Information Act. FOIA must be invoked in writing. The veteran who uses FOIA must state clearly the documents he wishes to see, he must direct the written request to the appropriate FOIA officer and so on.
Had your veteran friend written a letter requesting a copy of his complete C-File and sent it via certified mail, return receipt requested, he would get his copy. That is a simple letter request. If he doesn't have a copy in 3 months, then he should invoke FOIA.
Have your friend write a letter requesting his C-File. If he's already filed a NOD to appeal, he should have had his C-File long before he did that.
Here's a good article on the C-File by a lawyer friend http://www.vawatchdog.org/c-file.html
More about FOIA is here http://www.oprm.va.gov/foia/