Frequently Asked Questions

Download Adobe Reader

OI&T Home | E-Gov Home | RMS Home | FOIA | Frequently Asked Questions

Before submitting a FOIA request, we encourage you to use VA's 1-Stop Customer Service Inquiry Page to see if the information you seek is already posted on our Web site.

• What does the FOIA do?
• How can I make a FOIA request to VA -- do I need to fill out any forms?
• Where should I send my request?
• Can I fax or e-mail my request?
• What are the types of records that can be obtained through FOIA requests?
• How does VA make the determination of whether or not a record can be released?
• How long does a requester have to wait for a reply from VA?
• If I don't agree, what are my rights?
• Multi-Track Processing of FOIA Appeals
• What are the physical locations of Freedom of Information Act Reading Rooms?

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.

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.

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
Wash, , DC 20420

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.

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).

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.

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
Wash, , DC 20420

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).

What are the physical locations of Freedom of Information Act Reading Rooms?

Central Office Locations:

[back to top]