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Before submitting a FOIA request, please visit VA's
1-Stop Customer Service Inquiry Page.
Frequently Asked Questions about FOIA
What does the FOIA do?
The FOIA provides that any person
has a right of access
to Federal agency
records, except
to the extent that such
records are protected from release
by a FOIA exemption
or a special law enforcement
record exclusion. [ back to top ]
It is VA's policy to release information to the fullest extent
of the law including releasing information that may be
legally withheld provided there is no foreseeable harm
associated with the release. There are three types of records
that the FOIA addresses: (1) records that are published
in the Federal Register (this information should be obtained
in public libraries and other sources outside of VA); (2)
records that are available in VA's public reading room
such as manuals, directives, and final agency decisions;
and (3) all other records such as medical or benefit records
that must be requested by submitting a FOIA request.
How can I make a FOIA request to VA -- do I need to fill
out any forms?
VA requires that a FOIA request be in writing and signed
by the requester. The request must reasonably describe the
records so that it may be located with a reasonable amount
of effort. State your willingness to pay applicable fees
or provide a justification to support a fee waiver. Please
include a daytime telephone number in case we need to contact
you. Write Freedom of Information Act Request on the envelope.
There are no special forms required for use in submitting
a FOIA Request.
[ back to top ]
Where should I send my request?
If you know the office that maintains the records you are
seeking, you should write directly to that office or contact
the VA Central
Office FOIA/Privacy Act Officer for the
custodian of the record. If you do not know, submit the
request as follows:
a. For
medical records, to the Director of the VA medical facility
where the individual was last treated or to the
FOIA/Privacy Act Officer at Veterans Health Administration,
VA Central Office.
b. For National Cemetery records, to the
Director, National Cemetery Area Office, or to the FOIA/Privacy
Act Officer,
National Cemetery Administration, VA Central Office.
c.
For other benefits records, to the FOIA/Privacy Act Officer
at the VA Regional Office serving the individual's jurisdiction,
or to the FOIA/Privacy Act Officer of the Veterans Benefits
Administration, VA Central Office. The VA Toll-Free number
(1800827-1000) will connect you to the nearest
regional office.
d.
For all Inspector General records, to the Office of the Inspector
General, VA Central Office.
e.
For all other records, to the nearest field facility or to
the VA FOIA/Privacy Act Officer, VA Central Office.
The address for the VA FOIA/ Privacy Act Officer is:
Department of Veterans Affairs
Director, Records Management Service (005E3)
810 Vermont Avenue, NW
Washington, DC 20420 [ back to top ]
If it is sent to the VA
Central Office FOIA/Privacy Act Offices, it is reviewed to determine which VA office has
custody of the records. The request is then forwarded to
that office's VA Central Office FOIA/Privacy Act Officer
for review and response or further dissemination to the office
which has custody of the records. Before submitting a FOIA
request, please visit VA's
1-Stop customer Service Inquiry Page.
Can I fax or e-mail my request?
VA does not process FOIA requests submitted by e-mail (on-line).
Our regulations require the request to be in writing over
the signature of the requester. Faxed requests may be acceptable
as long as they contain a copy of the requester's signature.
It is up to the office having responsibility for the records
as to whether they will accept a fax request without the
original being mailed. [ back to top ]
What are the types of records that can be obtained through
FOIA requests?
Any record may be obtained through the FOIA, provided that
the record is not exempt from release by one of the nine
FOIA exemptions. In the case of Privacy Act records, you
must provide the written permission of the individual whose
records you seek. If the individual is deceased, you must
provide a copy of the death certificate. In no case will
the names and/or addresses of beneficiaries (including deceased
beneficiaries) be released under the FOIA as this information
is protected by another statute (exemption (b)(3)). Types
of records include medical, benefit, personnel, burial, financial,
audits, administrative investigations, legal opinions, and
contracts. Please note that medical and beneficiary records
are Privacy Act records and some of the information is exempt
from release under the (b)(3) and (b)(6) FOIA exemptions.
For information on the records VA maintains, see VA
Privacy Act Systems of Records or visit VA's Government
Information Locator System (GILS) or GPO's database of
How does VA make the determination of whether or not a record
can be released?
The custodian of the records, with the assistance of its
organization's VA Central Office FOIA/Privacy Act Offices
makes the determination whether the records can be released
in accordance with the FOIA, its exemptions and VA's FOIA
regulations (38 CFR 1.550-1.559). [ back to
top ]
How long does a requester have to wait for a reply from
VA?
It is the policy of the VA Central Office FOIA/Privacy Act
Officer to acknowledge your request within 20 working days
of receipt. This acknowledgment will advise you of the date
of receipt and the responding office. The custodian of the
records is required within 20 working days to advise the
requester as to whether or not VA has any information responsive
to their request. If feasible, the information is released
at that time. VA works on a first-in, first-out basis, so
there may be other requests ahead of yours. If the custodian
of the records has a backlog, it will take longer to respond
to your request. That office will advise you as to how long
it will take to respond to your request. Remember the 20
working days response time begins when it is received by
the custodian of the record. [ back to top ]
If I don't agree, what are my rights?
If your request is denied or you do not agree with any decision
regarding the release of records, you may appeal to VA's
General Counsel. You should include in your letter why
you disagree. Your appeal should be submitted to:
Department of Veterans Affairs
Office of the General Counsel (024)
810 Vermont Avenue, NW
Washington, DC 20420 [ back to top ]
Multi-Track Processing of FOIA Appeals
Effective immediately, the Department of Veterans Affairs,
Office of General Counsel will begin processing all Freedom
of Information Act (FOIA) appeals under multitrack processing.
Each FOIA appeal will be processed under one of three tracks
based on the amount of work and time involved in processing
the appeal. The first track will include appeals involving
fewer than three hours of time and/or less than fifty pages
of documents (simple appeals). The second track will include
appeals involving between four and seven hours of time and/or
between fifty and 150 pages of documents (moderate appeals).
The third track will include appeals involving more than
eight hours of time and/or more than 150 documents (complex
appeals). [ back to top ]
What are the physical locations of Freedom of Information
Act Reading Rooms?
Central Office Locations:
Organization |
Rm
|
Address |
Board
of Contract Appeals (09) |
546A
|
1800
G Street NW, Washington, DC |
Board
of Veterans Appeals (01) |
814
|
811
Vermont Ave, NW, Washington, DC |
Office
of Budget (041) |
619
|
810
Vermont Ave, NW, Washington DC |
Office
of Financial Management (047) |
538C
|
810
Vermont Ave, NW, Washington DC |
Office
of Information Resources Mgmt (045) |
575
|
810
Vermont Ave, NW, Washington DC |
Office
of Inspector General (50) |
1150
|
801
I Street, NW, Washington, DC |
Office
of Management (004) |
605D
|
810
Vermont Ave, NW, Washington DC |
Office
of Public and Intergovernmental Affairs (002) |
906A
|
810
Vermont Ave, NW, Washington DC |
Office
of the Secretary (00) |
1018
|
810
Vermont Ave, NW, Washington DC |
Veterans
Benefits Administration (20) |
506
|
1800
G Street NW, Washington, DC |
Veterans
Health Administration (10) |
675
|
810
Vermont Ave, NW, Washington DC |
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