Sample FOIA Appeals Letters

[DATE OF YOUR APPEAL LETTER]

Dear Appeal Officer:

I am writing to appeal the U.S. Department of Veterans Affairs' response to my [DATE] request for the complete claims file of a deceased veteran, [DECEASED PERSON'S NAME], FOIA Number [25-00000-F], Claim ID [123456789].

On [DATE], I received a letter from the Department of Veterans Affairs denying my request under FOIA Exemption 3, 5 U.S.C. § 552(b)(3), claiming that the full contents of the deceased veteran's claims file are protected under 38 U.S.C. § 5701. A copy of the response letter is attached.

[ATTACH COPY OF THE VA'S RESPONSE LETTER]

I am the [AUTHORIZED AGENT / REPRESENTATIVE / WIDOW(ER) / CHILD / DEPENDENT / OTHER NEXT OF KIN] of [DECEASED]. Pursuant to 38 U.S.C. § 5701(b)(1) and 38 C.F.R. §§ 1.503,1.504, the entire claims file should be disclosed to me as it will not be injurious to [DECEASED'S] health. Proof of my [STATUS / RELATIONSHIP] to [DECEASED] is attached.

[ATTACH COPIES OF VITAL RECORD(S), WILL(S), OR OTHER DOCUMENTATION SHOWING RELATIONSHIP]

Thank you for your consideration of my appeal. I look forward to hearing from your office within 20 working days as required by law.

sincerely,

[YOUR SIGNATURE, YOUR NAME, AND YOUR CONTACT INFORMATION]

[DATE OF YOUR APPEAL LETTER]

Dear Appeal Officer:

I am writing to appeal the U.S. Department of Veterans Affairs' response to my [DATE] request for the complete claims file of a deceased veteran, [DECEASED PERSON'S NAME], FOIA Number [25-00000-F], Claim ID [123456789].

On [DATE], I received a letter from the Department of Veterans Affairs denying my request under FOIA Exemption 3, 5 U.S.C. § 552(b)(3), claiming that the full contents of the deceased veteran's claims file are protected under 38 U.S.C. § 5701. A copy of the response letter is attached.

[ATTACH COPY OF THE VA'S RESPONSE LETTER]

It is clearly established that “exemptions from disclosure must be construed narrowly, in such a way as to provide the maximum access consonant with the overall purpose of the Act.” Vaughn v. Rosen, 484 F.2d 820, 823 (D.C. Cir. 1973). “The agency asserting the exemption bears the burden of proof, and all doubts as to the applicability of the exemption must be resolved in favor of disclosure.” Wilner v. NSA, 592 F.3d 60, 69 (2d Cir. 2009).

Although 38 U.S.C. § 5701 was enacted to protect the confidentiality of veterans' claims records, it allows disclosure under subsection (e) if the release of records serves “a useful purpose.” Having access to these records serves a useful purpose because the claims files provide important insight into how our troops are treated and allows for greater transparency and oversight of the programs that offer critical benefits to our veterans and their families. These records are also useful for genealogical research, a purpose for which 38 C.F.R. § 1.505 explicitly authorizes disclosure.

Moreover, the National Archives has recognized that these particular records have “sufficient historical or other value” such that their preservation is “in the public interest.” See 44 U.S.C. § 2107. Per Records Disposition Authority N1-15-10-6, the Department of Defense is scheduled to transfer the entire claims files to the National Archives 60 years after they have been determined to be inactive. Once transferred to the National Archives, the full contents of the claims files are available to the public. The specific records I have requested should be transferred to the National Archives under this authority, and indeed many of the same records for other veterans have been and are fully accessible.

Accordingly, the records I have requested clearly meet the criteria for the 38 U.S.C. § 5701(e) “useful purpose” exception, and any argument for the protection of privacy or government interests is irrelevant as by law the entire claims file should be publicly available. In light of the aforementioned useful purposes and FOIA's strong presumption in favor of disclosure, my request should be granted in its entirety.

Thank you for your consideration of my appeal. I look forward to hearing from your office within 20 working days as required by law.

sincerely,

[YOUR SIGNATURE, YOUR NAME, AND YOUR CONTACT INFORMATION]

[DATE OF YOUR APPEAL LETTER]

Dear Appeal Officer:

I am writing to appeal the U.S. Department of Veterans Affairs' response to my [DATE] request for the complete claims file of a deceased veteran, [DECEASED PERSON'S NAME], FOIA Number [25-00000-F], Claim ID [123456789].

On [DATE], I received a letter from the Department of Veterans Affairs denying my request under FOIA Exemption 3, 5 U.S.C. § 552(b)(3), claiming that the full contents of the deceased veteran's claims file are protected under 38 U.S.C. § 5701. A copy of the response letter is attached.

[ATTACH COPY OF THE VA'S RESPONSE LETTER]

It is clearly established that “exemptions from disclosure must be construed narrowly, in such a way as to provide the maximum access consonant with the overall purpose of the Act.” Vaughn v. Rosen, 484 F.2d 820, 823 (D.C. Cir. 1973). “The agency asserting the exemption bears the burden of proof, and all doubts as to the applicability of the exemption must be resolved in favor of disclosure.” Wilner v. NSA, 592 F.3d 60, 69 (2d Cir. 2009).

Although 38 U.S.C. § 5701 was enacted to protect the confidentiality of veterans' claims records, it allows disclosure under subsection (e) if the release of records serves “a useful purpose.” Having access to these records serves a useful purpose because the claims files provide important insight into how our troops are treated and allows for greater transparency and oversight of the programs that offer critical benefits to our veterans and their families. These records are also useful for genealogical research, a purpose for which 38 C.F.R. § 1.505 explicitly authorizes disclosure.

Moreover, the National Archives has recognized that at least some of the records frequently contained in the claims file I have requested have “sufficient historical or other value” such that their preservation is “in the public interest.” See 44 U.S.C. § 2107. Official Military Personnel Files (“OMPFs”), for example, are administrative records likely to be in claims files such as the one I requested, and per Records Disposition Authority N1-330-04-1, the VA is scheduled to transfer OMPFs to the National Archives 62 years after a service member's separation from the military. Once transferred to the National Archives, OMPFs are entirely available to the public.

Presuming the claims file I requested contains [DECEASED's] OMPF, at least some portion of the file clearly meets the criteria for the 38 U.S.C. § 5701(e) “useful purpose” exception, yet the VA has claimed that it does not. This further calls into question what other records in the claims file may be subject to disclosure.

In light of the aforementioned useful purposes and FOIA's strong presumption in favor of disclosure, my request should be granted in its entirety. Alternatively, if the VA purports that only some portion of the records are exempt from disclosure, they must “take reasonable steps necessary to segregate and release nonexempt information” as they are required to do under 5 U.S.C. § 552 (a)(8)(A)(ii).

Thank you for your consideration of my appeal. I look forward to hearing from your office within 20 working days as required by law.

sincerely,

[YOUR SIGNATURE, YOUR NAME, AND YOUR CONTACT INFORMATION]

[DATE OF YOUR APPEAL LETTER]

Dear Appeal Officer:

I am writing to appeal the U.S. Department of Veterans Affairs' response to my [DATE] request for the complete claims file of a deceased veteran, [DECEASED PERSON'S NAME], FOIA Number [25-00000-F], Claim ID [123456789].

On [DATE], I received a letter from the Department of Veterans Affairs denying my request under FOIA Exemption 3, 5 U.S.C. § 552(b)(3), claiming that the full contents of the deceased veteran's claims file are protected under 38 U.S.C. § 5701. A copy of the response letter is attached.

[ATTACH COPY OF THE VA'S RESPONSE LETTER]

It is clearly established that “exemptions from disclosure must be construed narrowly, in such a way as to provide the maximum access consonant with the overall purpose of the Act.” Vaughn v. Rosen, 484 F.2d 820, 823 (D.C. Cir. 1973). “The agency asserting the exemption bears the burden of proof, and all doubts as to the applicability of the exemption must be resolved in favor of disclosure.” Wilner v. NSA, 592 F.3d 60, 69 (2d Cir. 2009).

Although 38 U.S.C. § 5701 was enacted to protect the confidentiality of veterans' claims records, it allows disclosure under subsection (e) if the release of records serves “a useful purpose.” Having access to these records serves a useful purpose because the claims files provide important insight into how our troops are treated and allows for greater transparency and oversight of the programs that offer critical benefits to our veterans and their families.

Another useful purpose recognized under 38 C.F.R. § 1.505 is genealogical research. The Department of Veterans Affairs has disclosed entire claim files to many FOIA requestors for genealogical research, and many other claim files such as the ones requested are available publicly through the National Archives.

In light of the aforementioned useful purposes, the Department's recognition of the importance of these files to genealogical research, and FOIA's strong presumption in favor of disclosure, my request should be granted in its entirety.

Thank you for your consideration of my appeal. I look forward to hearing from your office within 20 working days as required by law.

sincerely,

[YOUR SIGNATURE, YOUR NAME, AND YOUR CONTACT INFORMATION]