Legal Question in Veterans Law in New York

Re: Requested a Complete Copy of My C-File

Normally, in order to obtain a copy of the C-File, you have to request it using Form 3288. However, when you send in that form, you should state in the cover letter that you are making a Privacy Act/FOIA request for your C-File. If you did not do that previously, then you should.

Since the RO has certified this appeal to the BVA it is not out of the ordinary that the file is now with the BVA. In terms of what you can do now, you can contact the Office of General Counsel and file an administrative appeal based upon you not receiving your C-File. File the same appeal with the Regional Counsel, or try to write a letter to the Local Representative on the veterans� affairs committee advising them of your difficulties in getting your C-File or you can send a letter to the BVA making them aware of your efforts to obtain the C-File and ask them to provide a copy prior to the hearing date...

By doing some or all of these suggestions, you should be able to rattle the tree hard enough to get a copy of your C-File. You may also want to consult with an attorney.

Re: Requested a Complete Copy of My C-File

If your file is at the Board, you should send a FOIA request letter to them stating that you need a copy of your file to prepare for your hearing. They can copy it and send it to you without returning it to the regional office for that. If they just certified it, your file will still sit there a while with no action, so there is nothing to prevent them from copying and sending you the copy. Good luck.