Freedom Of Information Act FOIA

There are no special forms required to submit a request, however the Department of Veterans Affairs requires that your FOIA request:

• Be in writing and signed by the person submitting the request.
  • To assist in processing, the request letter envelope, or fax cover sheet of any FOIA request should be marked “Freedom of Information Act Request” If you want a hard copy response a return address must be provided. The requester may also include other contact information, such as telephone number and e-mail address. If the requested records concern your personal privacy or that of another person, then the request must be signed.
• Reasonably describe the records so that they may be located with a reasonable amount of effort.
• State your willingness to pay applicable fees.
  • FOIA Fee Information For the purpose of fees only, FOIA divides requesters into three categories: (1) commercial requesters may be charged fees for searching for records, reviewing the records, and photocopying them; (2) educational, noncommercial scientific institutions, and representatives of the news media are charged for photocopying, after the first 100 pages; (3) all other requesters (requesters who do not fall into any of the other two categories) are charged for photocopying after 100 pages and for time spent searching for records in excess of two hours.
  • The VA charges $0.15 per single-sided page for photocopying. Actual costs are charged for a format other than paper copy, such as computer tapes, disks and videotapes.
  • Fee Waivers Agencies may grant fee waivers if the requester successfully describes that the disclosure of information is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
• Include a daytime telephone number in case we need to contact you.
• Be submitted to the facility that maintains the records.
  • If you don't know where the records are located, submit your request to vacofoiaservice@va.gov.

Please refer to our sample FOIA request if you seek information that pertains to a certain topic or an individual other than yourself.

FOIA SERVICE
810 Vermont Avenue, NW
(005R1C) VACO
Washington, DC 20420
Fax : 202-632-7581

Other Request by E-Mail:
If you want records which are maintained outside of the VA Central Office (VACO), visit the FOIA Offices:

• VA Central Offices
• Veterans Benefit Administration (VBA)
• Veterans Health Administration (VHA)

An individual has the right to request access to his or her records and make an amendment to any of his or her own VA records under 38 CFR 1.579 and 5 U.S.C 552a.

Access Request: Individuals who request information from their VA records must provide sufficient information to verify their identity and provide assurance that they do not improperly have access to records pertaining to someone else. Request for access to individual’s VA records must be in writing, signed, and must adequately describe the specific information being sought. Request for access to records can be mailed, faxed or provided in person to Release of Information or the Privacy Officer at the facility where Veteran’s records are maintained. Currently, VA does not allow an individual to verify identity by Email.

Amendment request: Amendment requests must be in writing, signed, and must adequately describe the specific information the individual believes to be inaccurate (i.e., faulty or not conforming exactly to truth), incomplete (i.e., unfinished or lacking information needed), irrelevant (i.e., inappropriate or not pertaining to the purpose for which records were collected), or untimely (i.e., before the proper time or prematurely) and the reason for this belief.

The written amendment request must be routed to the facility Privacy Officer where the Veteran’s records are maintained.

Under the FOIA's administrative appeal provision and the VA FOIA regulations, a requester has the right to appeal any adverse determination the VA makes on their FOIA request. 

You may file an administrative appeal if:

• You are not satisfied with a FOIA office's initial determination;
• You disagree with the center's withholding of information or you might believe that there are additional records responsive to your request that the center failed to locate;
• You have requested expedited processing or a fee waiver and the FOIA office has not granted that request; or
• You may appeal a determination that what has been requested is not reasonably described, that a record does not exist or cannot be located, that a record is not readily reproducible in the form or format requested, that the requested information is not a record subject to the FOIA, or a determination regarding the charging of a fee.

Appeal Must be made in Writing

Any administrative appeal to a request must be made in writing within 90 days of any initial decision to deny a request. The letter of appeal should state clearly why the requester disagrees with the determination to withhold records. Both the front of the envelope and the appeal letter should contain the notation: "Freedom of Information Act Appeal"

The final VA decision will be made by the General Counsel or the Deputy General Counsel.

Where to Send the Request

Effective on September 19, 2011, the Department of Veterans Affairs will accept FOIA Appeals electronically.  If you filed a FOIA request, you want to file an appeal, and your appeal DOES NOT involve the Office of the Inspector General (OIG), use the following Post Office address, fax or email address to file a FOIA appeal:

Department of Veterans Affairs
General Counsel (024)
810 Vermont Avenue, NW
Washington, DC 20420
Fax: (202) 273-6388
Email Non-OIG Appeals to: ogcfoiaappeals@va.gov 

If you filed a FOIA request with the Office of the Inspector General (OIG), and you want to file a FOIA appeal, use the following Post Office address, fax, or email address to file an OIG appeal:

Department of Veterans Affairs
Office of the Inspector General
Office of Counselor (50)
810 Vermont Avenue, NW
Washington, DC 20420
Fax: (202) 495-5859
Email OIG Appeals to: vaoigfoia-appeals@va.gov