Recourse when files are lost by VA

 Hey Jim,

I was just informed that after my last Compensation and Pension Examination done on September 11, 2012 that the Department of Veterans Affairs has no idea where my claim file is and in effect they have lost it.

I have not been told if the entire 5 volumes is lost but they stated they needed to rebuild the entire claim folder, getting records from national archives and asking me for copies of anything i may have in my possession.

I am worried this will effect the numerous claims i currently have pending. I am an 80 percent disabled veterans (84%) and am working towards a 100 percent rating when my claim file went missing.

Now i have the extra worry of all my personal information, social security number, name, address and medical information that was in the claims folders is floating around and have no idea who has it or what they may do with the information.

Is there any legal recourse's available to me for the VA losing my personal information?

Below are the responses i received from the Department of Veterans Affairs in regards to my inquiry

1) "Why is there a delay in processing claim because you need to rebuild my claim folder?"

In re-creating your claims file, we attempted to obtain as much of the evidence that was in your file by soliciting from multiple sources and following up as necessary. Thank you for submitting copies of evidence you had previously submitted.

2) "Is my claim folder lost with all of my personal information, medical information, social security number and other personal information in it?"

We extend our apologies that we are unable to locate your claims file. To be sure, we have exhausted all efforts to find it. We confirmed that it was transferred to the Milwaukee VA Medical Center, who in turn properly transferred it to the Cleveland Clinic for your September 11, 2012 Compensation and Pension examination. The Cleveland Clinic has been unable to locate your file, nor provide evidence that it was transferred back to the Milwaukee VA Medical Center or the Milwaukee Regional Office.

3)"Why have you requested my service treatment records and other items on (1/23/2013) and what have you done since you have not received them? (Due date 2/22/2013) is my claim being further delayed because of non-receipt of this information that you previously had? Again, why are you rebuilding my claim file?"

Again, in an attempt to re-create your claims file, we attempted to obtain as much of the evidence that was in your file by going to multiple sources and following up as necessary. Thank you for submitting copies of evidence you had previously submitted.

Reply:

This is an all too frequent occurrence. I just wrote to a journalist this morning;

"VA regional offices have in place a system known as brokering. Claims are routinely dispatched from overwhelmed offices like Oakland and sent to less busy offices wherever they can find space.

While there sometimes seems to be a plan for all this, like sending certain classes of claims to centers with specific teams to manage them, overall the way brokering works is chaotic at best.

A frequent criticism of the practice is that this is the leading cause of lost files or lost papers from within files. Shipping hundreds of massive paper claims folders from Oakland to New York or elsewhere isn't a simple task.

The receiving offices aren't ever happy with having more work assigned. Brokered claims may be ignored again and then the newest office may broker those claims to yet another office.

I've had a number of messages from veterans who tell me that they've discovered that Oakland has sent their claim to another state. These vets are now panicking about why this happens and what it means to them.

To broker claims as a way to clean up your office is common. This isn't too different than the 2008 scandal of document shredding. If you have too much paper resting in your shop, get rid of it for appearances sake. This is how managers make those healthy bonuses.

The brokering tactic is useful to VA as they massage numbers to report to Congress. VA is very, very good at fuzzy math. Practice makes perfect."

While your folder may have been sent away for a C & P exam, the point is the same...the VA doesn't handle transferring folders very well.

If I were you, I'd be in touch with my Congressional representative. I have some suggestions about how to best accomplish that here http://www.vawatchdog.org/How_To_Get_Action.html

Other than that, no...there is no legal recourse. Depending on what evidence was in that folder, your pending claim may well be denied. VA reconstruction efforts are usually lacking in every way. They can't reproduce that which no longer exists. If it can't be reproduced, it doesn't exist and you lose.