Should I file a FOIA or a Privacy Act request for my VA records?

Details

• VA's FOIA regulations: 38 CFR §§ 1.550–1.559. Privacy Act regulations: 38 CFR §§ 1.575–1.584.
• Response deadline: 20 business days, plus 10 for unusual circumstances.
• If records are withheld, the response letter must identify the exemption and give appeal rights; the administrative appeal goes to VA's Office of General Counsel.
• If VA misses the statutory deadline, administrative remedies are deemed exhausted under 5 U.S.C. § 552(a)(4)(B).
• The Privacy Act also allows a request to amend a factually inaccurate record — but a rating decision is challenged through the appeal lanes, not through an amendment request.