Still Waiting for Dad's VA Medical Records

My Dad, Harold D. Burk (1909-1978), passed away in the Bronx, New York, OTD in 1978. He was five weeks from his 69th birthday. I've added Dad to Find a Grave here with a bite-sized bio, noting his service in the US Army during World War II. The shadowbox frame above holds his military memorabilia, organized and identified for the next generation and beyond.

Before his death from heart problems, Dad had been in and out of VA hospitals for 20 years--and as his descendants, Sis and I very much want to see his medical records.

2024 Veterans Affairs FOIA Request

In early December of 2024, I submitted a formal request for the US Veterans Affairs agency to provide me with Dad's files, under a Freedom of Information Act inquiry. No response for months. And months.

2025 Denial and Appeal

I finally received a smidgen of info in August of 2025, basically the info I had provided to the VA to support my request. The agency denied my request for Dad's entire file, for no real reason, saying my inquiry was actually genealogical in nature. Um, no.

On the advice of the wonderful folks at Reclaim the Records, I quickly appealed the VA's decision and provided detailed info to prove my identity as Dad's next of kin. Supposedly the FOIA law requires a prompt response but I and many others have only had ... crickets. For months.

2026 Followup of Appeal

In February of 2026, I asked my local Member of the House of Representatives to please get involved and obtain the file or at least an estimated date of resolution to this ongoing request. For the past six months, the powers that be have continually stalled my Rep's staff. They twice asked for the reference number of my request--which I provided, both times, including with a scan of the VA's letter assigning the reference number. 

Yesterday, staff from my Rep's office told me they had an update from the powers that be: the FOIA request is proceeding into the document gathering phase. I'm cautiously optimistic, hoping I will see Dad's file before the end of 2026. 

It is now 12 months since the VA denied my request, and 20 months since my original FOIA request. Fingers crossed.

Remembering Dad with love on this 48th anniversary of his death. 

The Clock Is Ticking: Appeal Denials of FOIA Requests for Veterans' Info

I thought all hope was lost for receiving US military veterans' service and medical info requested since December 2024 under the Freedom of Information Act, at least if I wasn't the documented next of kin for the veteran.

It's thanks to Reclaim the Records that the public has much much much easier access to requesting such records in the first place. They sued on our behalf, won, and created an easy-to-search, free website with built-in request functionality to find the names of US veterans who made some kind of claim to the US Veterans Administration over the past 150+ years. Wow! 

Back story 

I wasn't the only one who searched the database, found veterans in the family tree and the FAN club, and submitted multiple requests to obtain info about veterans in the family tree. My 13 requests were among the approximately 20,000 requests submitted since Reclaim the Records put up its database in late December of 2024. 

But then in the summer of 2025, without warning, the US Veterans Administration began answering such requests with denials, only sending ridiculously "skinny" extracts from the records, rather than the actual records themselves. In some cases, the extract didn't even confirm the veteran's name, let alone the branch of the military or service dates or the veteran's birth or death date. More from Reclaim the Records is here.

Update: ALWAYS APPEAL

Now Reclaim the Records has posted excellent, detailed advice about appealing these FOIA denials. They begin with this advice: ALWAYS APPEAL.

What I particularly appreciate is that the nonprofit has created four suggested letters with detailed legal language for us to use in appealing these denials. You can see the sample letters here.

Time is of the essence. To appeal a denial, I have to send a response to the Department of Veterans Affairs that is received no later than 90 calendar days from the date of the denial letter. The clock is ticking, and I'm copying and pasting from Reclaim the Record's sample language into letters that I personalize as indicated in each sample. 

At top, part of the suggested language for a situation in which I wasn't next of kin but I do know that the veteran was discharged from the military more than 62 years ago.

My fingers are flying over the keyboard. I'll post when I get any response. Go ahead and appeal!