OIG Records from September 30th, 2020 "Oversight and Resolution of Home Loan Defaults" Audit Related to Planet Home Lending LLC and VA Phoenix Regional Loan Center

None

Mr. Locke,

Please review the attached response to your 10/31/2022, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

​
Olaiseh Wambui
Program Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

None

Good afternoon,

This email is in response to your October 31, 2022, FOIA request 23-00895-F under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to the Department of Veterans Affairs, Veterans Benefits Administration (VBA) Central Office FOIA Office.

Our VBA FOIA office is currently awaiting a legal review of the responsive records. After their review, our office will provide you with an updated status of your request.

We regret the necessity of this delay but assure you that your request will be processed as soon as possible. You may contact the VBA FOIA Public Liaison via email at FOIA.VBACO@va.gov<mailto:FOIA.VBACO@va.gov>.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

A copy of documents responsive to the request.

Locke,

Please review the attached response to your 10/31/2022, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Veterans Benefits Administration

Thank you,

VBA
Government Information Specialist (FOIA/PA)

Mr. Locke,

Please review the attached response to your 09/11/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Dear Michael Locke,

Your request has been received by the Department of Veteran Affairs. The request has been assigned tracking # 23-12977-F, please log into your account and review your submission.

The application address is https://vapal.efoia-host.com.

Thank you,
Department of Veteran Affairs

Mr. Locke,

Please review the attached response to your 09/11/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Good morning,

An estimate fee letter (attached) was sent to you on 9/15/23 but have not provided a response yet. If you are interested in further pursuing this FOIA request please provide a response by 10/23/23.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Dear FOIA requester,

Please review the attached response to your 09/11/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

​

Dear Michael Locke,

Your request has been received by the Department of Veteran Affairs. The request has been assigned tracking # 24-00065-A, please log into your account and review your submission.

The application address is https://vapal.efoia-host.com.

Thank you,
Department of Veteran Affairs

Your appeal has been received. We have docketed your appeal as OGC Case #168187. Attached is our acknowledgment letter.

V/r,
On behalf of OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>:
Office of General Counsel (024)
Information and Administrative Law Group
Department of Veterans Affairs (VACO)
810 Vermont Avenue
Washington DC 20420

Hello -

Attached is the Final Agency Decision regarding your FOIA or Privacy Act Appeal with the Office of General Counsel, Information & Administrative Law Group.

Please note, this email box it not monitored. If you are filing a new FOIA or Privacy Act Appeal, you can email it to: OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>

Thank you,

U.S. Department of Veteran Affairs
Office of General Counsel (024)
Information & Administrative Law Group
FOIA & Privacy Act Appeals
[Logo Description automatically generated]

Hello,

Yep.

Is there an idea for an eta for request 23-12977-F?

https://www.muckrock.com/foi/united-states-of-america-10/oig-records-from-september-30th-2020-oversight-and-resolution-of-home-loan-defaults-audit-related-to-planet-home-lending-llc-and-va-phoenix-regional-loan-center-129831/#file-1134372

Michael Locke

Good morning,

Since you are requesting records on your mortgage this is considered a privacy request and not FOIA. The Privacy Act and the FOIA are often read in tandem; The Privacy Act allows individuals to access records about themselves, while the FOIA allows the public to access government information.

I will refer your request to the Phoenix Regional Loan Center for a response. Please follow up with Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>
Regards,

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Thanks.

Is there an idea for an eta for request 23-12977-F, the records related to the home loans in disaster areas FY 2019 risk assessment conducted by the Department of Veteran's Affairs Loan Guaranty Monitoring Unit?

Mr. Locke,

Please review the attached response to your 09/11/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Hello,

Your decision letter states in part “Your Initial FOIA request 23-00895-F was received in October 31, 2022 and fully processed by May 1, 2023. On this request, you were partially granted your responsive records. Consequently, the initial part of your subsequent and current FOIA 23-12977-F is duplicate since there are no more records available beyond what was previously retrieved and is therefore this portion of your request is not being addressed under this Initial Agency Decision.”

At no point did the previous request you mention, 23-00895-F, include a request for the following:

“I am requesting all records related to the home loans in disaster areas FY 2019 risk assessment conducted by the Department of Veteran's Affairs Loan Guaranty Monitoring Unit.”

The above would encompass any records generated after the deliberative process ended as well.
If you are stating that no records exist beyond employee e-mails and internal electronic communication regarding “…home loans in disaster areas FY 2019 risk assessment conducted by the Department of Veteran's Affairs Loan Guaranty Monitoring Unit,” please clearly say so.

Michael Locke

I am writing to discuss the recent decision regarding my Freedom of Information Act (FOIA) request (No. 23-12977-F). I appreciate the efforts of the Veterans Benefits Administration (VBA) in processing this request.

Upon review of the Initial Agency Decision, I noted that the email correspondence I requested was withheld under FOIA Exemption 5, citing its pre-decisional nature and protection under the deliberative process privilege. While I understand the need to safeguard the deliberative processes within the agency, I am concerned about the specificity of the rationale provided for withholding these documents.

In the context of recent legal precedents, particularly Machado Amadis v. U.S. Department of State (971 F.3d 364, D.C. Cir. 2020), it has been emphasized that agencies must provide specific and focused reasons to demonstrate how the release of particular information would cause harm. The decision from your office, however, appears to rely more on a generalized assertion that disclosure could negatively impact frank discussions between subordinates and supervisors, without detailing how the specific emails in question would cause such harm.

Given the importance of transparency and the public's right to information, I kindly request a more detailed explanation regarding how the disclosure of these specific emails would harm the VBA's deliberative process. A focused and concrete demonstration of the potential harm, as required under the foreseeable harm standard, would greatly help in understanding the decision to withhold these records.

Thank you for your attention to this matter. I look forward to your response and further clarification.
Best regards,

Michael Locke

Dear Michael Locke,

Your request has been received by the Department of Veteran Affairs. The request has been assigned tracking # 24-05092-F, please log into your account and review your submission.

The application address is https://vapal.efoia-host.com.

Thank you,
Department of Veteran Affairs

Mr Locke,

Please review the attached response to your 11/27/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Mr Locke,

Please review the attached response to your 11/27/2023, Freedom of Information Act request sent to the VA Veterans Benefits Administration.

Thank you for your interest in the VA.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. Please note, we are experiencing an increase in our inquiries received and are working to respond as soon as possible. We apologize for any delays in our response and assure you that all emails are tracked. We look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

I am writing to formally appeal the recent decision regarding my Freedom of Information Act (FOIA) request (No. 23-12977-F). While I appreciate the efforts of the Veterans Benefits Administration (VBA) in processing this request, I strongly disagree with the rationale provided for withholding the requested email correspondence under FOIA Exemption 5.

In the Initial Agency Decision, it was stated that the emails were withheld due to their pre-decisional nature and protection under the deliberative process privilege. However, the explanation provided lacks the specificity and concreteness required to justify such withholding under current legal standards.

Recent court decisions, notably Machado Amadis v. U.S. Department of State (971 F.3d 364, D.C. Cir. 2020) and Reporters Committee for Freedom of the Press v. FBI, have emphasized the need for agencies to provide detailed and focused reasons demonstrating how the release of particular information would cause foreseeable harm. The decision from your office appears to rely on a generalized assertion that disclosure could negatively impact frank discussions, without adequately explaining how the specific emails in question would actually impede agency deliberations going forward.

The D.C. Circuit has clearly stated that agencies must "concretely explain how disclosure 'would'—not 'could'—adversely impair internal deliberations" and that "a perfunctory statement that disclosure of all the withheld information—regardless of category or substance—would jeopardize the free exchange of information...will not suffice." Instead, a "focused and concrete demonstration" is required in the specific context of the agency action at issue.

Moreover, the OIG report (VAOIG-18-03979-204) raises troubling questions about VBA's handling of potential risks to borrowers in disaster areas that heighten the public interest in transparency around this issue. Specifically:

- A Regional Loan Center analysis found a 45% error rate in a sample of disaster-area loan modifications, with a servicer pushing borrowers into higher-interest modifications.

- Despite this red flag, VBA's Loan Guaranty Service (LGY) said it would only do a "preliminary assessment," leading the OIG to defer its investigation.

- LGY then claimed its preliminary assessment found no need for further review, without detailing its methodology or findings.

The OIG's apparent deference to LGY's self-investigation, without obtaining concrete corrective action commitments, represents a departure from the more rigorous approach it took to other issues in the report. Given the significance of the risk to vulnerable disaster-impacted borrowers, more scrutiny and transparency would seem appropriate.

In this context, the public has a compelling interest in understanding LGY's decision-making process and the basis for its conclusions on the disaster area issue. Disclosure of the requested records could shed important light on whether LGY conducted a sufficiently thorough investigation and had a sound basis for its determination that no further action was required.

In light of the paramount importance of transparency and accountability around this serious matter, as well as the strict requirements for withholding information under the foreseeable harm standard, I respectfully request that VBA reconsider its broad application of Exemption 5 in this case. Absent a far more specific and compelling justification, I believe the strong public interest in disclosure outweighs the apparently tenuous risk of harm to the deliberative process.

Thank you for your consideration of this appeal. I look forward to your response and a more robust explanation for any continued withholding of responsive records. If you have any questions or require further information, please do not hesitate to contact me.

Sincerely,
Michael Locke

Dear Michael Locke,

Your request has been received by the Department of Veteran Affairs. The request has been assigned tracking # 24-00294-A, please log into your account and review your submission.

The application address is https://vapal.efoia-host.com.

Thank you,
Department of Veteran Affairs

Hello – Your FOIA Appeal for 23-12977-F has been received. Our acknowledgment letter for your appeal is attached.

Thank you,

OGCFOIAAppeals@va.gov

Department of Veterans Affairs

Office of General Counsel (024)

Information & Administrative Law Group

(FOIA & Privacy Act Appeals)
810 Vermont Avenue

Washington DC 20420

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Friday, March 29, 2024 2:09 PM
To: OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Subject: Re: Freedom of Information Act (FOIA) request No. 23-12977-F

Dear FOIA Appeals Officer,

I am writing to submit an updated appeal regarding the denial of my Freedom of Information Act (FOIA) request (No. 23-12977-F), which sought email correspondence related to the Veterans Benefits Administration's (VBA) Loan Guaranty Service (LGY) "preliminary assessment" of risks to borrowers in disaster areas. This appeal supplements and strengthens the arguments raised in my initial appeal dated March 20, 2024.

Upon further consideration and research, I believe my original appeal did not fully capture the compelling public interest at stake or the high legal bar VBA must clear to withhold these records under FOIA Exemption 5 and the deliberative process privilege.

First, VBA's conclusory assertion that disclosure could chill future internal discussions is precisely the kind of vague and speculative rationale that courts have repeatedly rejected under the "foreseeable harm" standard codified in the FOIA Improvement Act of 2016. As the D.C. Circuit has made clear in cases like Machado Amadis v. U.S. Department of State, agencies must "concretely explain how disclosure 'would'—not 'could'—adversely impair internal deliberations" in the specific context at issue. Boilerplate claims of harm are not enough.

Here, VBA has fallen far short of that exacting standard. It has offered no detailed, particularized explanation of how releasing the requested emails would actually impede LGY's deliberative process. Nor has it grappled with the powerful public interest in disclosure, which is critical to any proper balancing analysis under Exemption 5.

That public interest is especially acute given the disturbing questions raised by the 2019 OIG report (VAOIG-18-03979-204) about widespread problems in the disaster loan modification program, including a 45% error rate and evidence of a servicer pushing borrowers into unfavorable terms. Rather than conducting its own rigorous inquiry, the OIG deferred to LGY's opaque "preliminary assessment" and vague assurances that no further action was needed.

Even more troubling, during the height of the pandemic crisis from April 2020 to July 2021, VBA actively promoted the same problematic program to thousands of vulnerable borrowers via Circular 26-20-12, while providing zero transparency about any steps taken to fix the flaws exposed by the OIG. To this day, the public has had no way to assess whether LGY genuinely investigated and addressed these serious issues before pushing these risky modifications amid an unprecedented economic disruption. Veterans and other stakeholders remain in the dark about the adequacy of the agency's response. The requested emails are essential to filling this glaring gap in public knowledge and enabling meaningful oversight of VBA's actions during this critical period.

Moreover, the requested records are directly pertinent to my pending appeal before the Board of Veterans' Appeals (BVA) regarding the VA's failure to enforce the protections afforded to me under VA Circular 26-20-12. As a veteran borrower who has suffered harm due to the VA's inadequate oversight and non-enforcement of its own pandemic relief policies, I have a personal stake in understanding the agency's behind-the-scenes deliberations and actions (or inactions) related to this program.

I am currently preparing my BVA appeal with the assistance of representatives from the American Legion, who are providing invaluable guidance and support in navigating this complex process. As part of this preparation, I am gathering all relevant evidence to ensure that my appeal is as comprehensive and persuasive as possible.

The VA's delay in providing the requested email correspondence under FOIA is forcing me into an untenable position with respect to my docket selection for this appeal. My strong preference is to select the Direct Review docket (Option 10A), which would allow for the most expeditious decision on my case. However, without timely access to these highly relevant records, I am effectively being coerced into choosing between the Evidence Submission docket (Option 10B) or the Hearing with Evidence Submission docket (Option 10C), both of which would significantly delay the adjudication of my appeal.

If I am forced to select Option 10B or 10C in order to have any chance of obtaining and submitting this critical evidence, I face the prospect of extending the appeals process by several years, during which time I will continue to suffer the adverse consequences of the VA's unlawful actions. This is an unjust and unnecessary hardship that would be alleviated by the prompt disclosure of the requested records.

Denying me timely access to this directly relevant information not only prejudices my ability to present the strongest possible case on appeal but also undermines the fundamental fairness and integrity of the BVA appeals process. The VA should not be allowed to unilaterally withhold evidence that is central to my claim while forcing me into a Hobson's choice between an expeditious decision based on an incomplete record or a years-long delay to obtain records that should have been disclosed at the outset.

This personal impact underscores the vital public interest in transparency around the VA's administration of the pandemic relief program. Not only do these records bear on matters of broad public concern, but they also directly affect the rights and interests of individual veterans like myself who are seeking to hold the agency accountable for its failings. The VA's strategic delay in releasing this information under FOIA is effectively denying me due process and the ability to meaningfully prosecute my appeal.

Furthermore, as courts have recognized in cases like Meyer Corporation, U.S. v. United States, the deliberative process privilege is not absolute. It does not shield all pre-decisional records, but only those that would reveal and demonstrably harm an agency's decision-making process. No such showing has been made here. And to the extent the emails contain segregable factual information, that material is not privileged at all.

In short, VBA has not come close to satisfying the strict legal standard for deliberative process withholding, especially in the face of the paramount public interest in transparency around this critical program and the prejudicial impact on individual veterans' rights. I therefore renew my call for VBA to promptly release the requested records in full, or at a minimum, provide a far more robust and persuasive explanation for its secrecy that wrestles with the vital public and private concerns at stake.

Thank you for your consideration of this updated appeal. I trust you will give it the serious and impartial review that FOIA demands, and I look forward to a timely decision upholding the public's right to know and restoring a measure of justice for those veterans who have been harmed by the VA's actions.

Sincerely,

Michael Locke

________________________________

From: Michael Locke <mbl22885@msn.com>
Sent: Saturday, March 23, 2024 7:16 PM
To: Tanielian, Terri L. EOP/WHO <Terri.L.Tanielian@who.eop.gov>
Subject: Re: Request for Assistance - Veteran with PTSD Facing Systemic Issues with VA Home Loan Guaranty Program

Dear Mrs. Tanielian,

I wanted to provide you with an update on my ongoing efforts to hold the VA accountable for its failure to properly oversee my loan servicer and enforce the protections afforded to me under VA Circular 26-20-12. Since our last communication, there have been some significant developments that I believe underscore the urgency and importance of addressing these issues.

First, I am pleased to inform you that the American Legion has agreed to represent me in my appeal before the Board of Veterans' Appeals (BVA) regarding the VA's mishandling of my loan and its failure to ensure compliance with VA Circular 26-20-12. The American Legion's representatives, while not attorneys, are experienced advocates who are well-versed in navigating the VA appeals process and presenting compelling arguments on behalf of veteran borrowers. Their willingness to take on my case is a testament to the seriousness and validity of my concerns.

Second, I recently received an email from VA representative Andrew Post requesting that I provide updated financial information to identify potential loss mitigation options. While I appreciate the VA's stated willingness to explore solutions, I found it troubling that Mr. Post's email failed to acknowledge the VA's role in creating the hardship I am currently facing, particularly its failure to ensure that my loan servicer complied with the CARES Act and VA Circular 26-20-12.

In response, I have informed Mr. Post that I cannot in good faith provide my financial information until the VA formally acknowledges its past failures, provides a clear plan for corrective action, and works with me to find a solution that addresses the harm caused by the agency's inadequate oversight. I believe this is a necessary step to hold the VA accountable and ensure that my rights as a veteran borrower are fully protected.

Furthermore, I have brought to Mr. Post's attention the striking parallels between my case and the troubling patterns of VA inaction and neglect revealed in cases like Bibby v. Mortgage Investors Corporation and the recent VA OIG report on the agency's oversight of home loan defaults. These examples, along with the VA's denial of my FOIA request seeking records related to the agency's decision-making on disaster-area loan modifications, paint a picture of an agency that consistently prioritizes the interests of lenders over its duty to protect veteran borrowers.

I believe these developments only strengthen the case for urgent reform and accountability within the VA's Home Loan Guaranty program. The agency's failure to acknowledge and address its past mistakes, both in my case and in the broader context of its oversight responsibilities, is unacceptable and demands immediate action.

I am grateful for your continued support and advocacy on behalf of veteran borrowers like myself. I would greatly appreciate any guidance or assistance you can provide as I navigate this challenging process and work to hold the VA accountable for its legal and ethical obligations.

Please let me know if you require any additional information or if there are any further steps I should take to advance my case and shine a light on the systemic issues within the VA's oversight of the Home Loan Guaranty program.

Thank you again for your dedication to ensuring justice and fairness for our nation's veterans.

Sincerely,
Michael Locke
________________________________
From: Tanielian, Terri L. EOP/WHO <Terri.L.Tanielian@who.eop.gov>
Sent: Wednesday, March 20, 2024 2:03 PM
To: Michael Locke <mbl22885@msn.com>
Subject: RE: Request for Assistance - Veteran with PTSD Facing Systemic Issues with VA Home Loan Guaranty Program

Thanks, Michael. I’m following up with VA. You may get some outreach directly from them as well.

From: Michael Locke <mbl22885@msn.com>
Sent: Wednesday, March 20, 2024 6:58 AM
To: Tanielian, Terri L. EOP/WHO <Terri.L.Tanielian@who.eop.gov>
Subject: [EXTERNAL] Re: Request for Assistance - Veteran with PTSD Facing Systemic Issues with VA Home Loan Guaranty Program

Dear Terri,

Thank you for your thoughtful response and offer to assist with my case. I sincerely appreciate your support and guidance.

Yes, I am comfortable with you reaching out directly to the VA to discuss my situation.

I am deeply grateful for your expertise and advocacy in navigating this challenging situation. Thank you again for your willingness to help.

As you follow up on the types of issues I've encountered with the VA's Home Loan Guaranty Program, you may find the recent NPR series on the VA loan foreclosure crisis to be relevant and informative:

https://www.npr.org/series/1218572761/va-loan-foreclosure-crisis

Best regards,

Michael Locke

________________________________

From: Tanielian, Terri L. EOP/WHO <Terri.L.Tanielian@who.eop.gov<mailto:Terri.L.Tanielian@who.eop.gov>>
Sent: Tuesday, March 19, 2024 10:29 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: Request for Assistance - Veteran with PTSD Facing Systemic Issues with VA Home Loan Guaranty Program

Michael:

Thank you for your email. Sorry for the late night reply. I appreciate you flagging these issues for me. With your permission, I would like to follow up with VA directly on your case. Are you comfortable if I reach out to them with regard to your specific circumstances? More generally, I will also follow up on the types of issues you raise with regard to the Home Loan Guarantee Program.

Thanks,
Terri

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, March 19, 2024 1:14 PM
To: Tanielian, Terri L. EOP/WHO <Terri.L.Tanielian@who.eop.gov<mailto:Terri.L.Tanielian@who.eop.gov>>
Subject: [EXTERNAL] Request for Assistance - Veteran with PTSD Facing Systemic Issues with VA Home Loan Guaranty Program

Dear Ms. Tanielian,

My name is Michael Locke, and I am a veteran diagnosed with combat-related PTSD who has been struggling to obtain proper assistance and relief from the Department of Veterans Affairs (VA) regarding my VA-guaranteed home loan. I am writing to request your help in addressing what I believe to be serious, systemic problems within the VA's Home Loan Guaranty program that may be affecting countless veterans nationwide.

Over the past few years, I have faced significant challenges in securing the protections and relief afforded to me under the CARES Act, VA Circular 26-20-12, and other applicable laws and regulations. Despite my repeated efforts to seek assistance from the VA and my loan servicer, I have encountered a troubling pattern of inconsistency, lack of transparency, and apparent disregard for the VA's own policies and statutory obligations.

Some of the key issues I have faced include:

1. The VA's failure to ensure that my loan servicer complied with the requirements of the CARES Act and VA Circular 26-20-12, including offering appropriate forbearance options and considering all possible home retention options.

2. Inconsistent and contradictory information provided by VA representatives regarding the agency's ability to assist veterans with loans in active bankruptcy, despite clear evidence that the VA's own policies allow for such assistance.

3. The VA's apparent failure to properly notify me of my appellate rights, as required by law, which may have prejudiced my ability to seek timely review and relief through the Board of Veterans' Appeals (BVA).

4. The VA's reluctance to fulfill its statutory duty to assist me in obtaining critical documentation from my loan servicer to support my case, as mandated by 38 U.S.C. § 5103A and 38 CFR § 21.1032.

It is important to note that, as a veteran with combat-related PTSD, the stress and uncertainty surrounding my home loan situation have been significantly exacerbating my symptoms, despite my active participation in treatment for over 12 years. The VA's failure to provide adequate support and protection in this matter has not only put my home at risk but has also had a profound impact on my mental health and well-being.

I have reached out to both the House Veterans Affairs Subcommittee and the Senate Committee on Veterans' Affairs regarding these concerns, as I believe that congressional intervention and investigation are necessary to address the full scope of these issues and to protect the rights of veteran borrowers across the country.

Given your extensive background in veteran policy, mental health policy, and your experience working with the House Committee on Veterans Affairs, I believe that you are uniquely positioned to help address these systemic problems and to ensure that veterans like myself receive the support and protection they deserve.

I would greatly appreciate any assistance or guidance you could provide in navigating these challenges and in bringing these issues to the attention of the relevant authorities within the VA and the White House. I am prepared to provide extensive documentation to support my claims, including correspondence with the VA, relevant laws and regulations, and evidence obtained through FOIA requests.

Thank you for your service and your commitment to the well-being of our nation's veterans. I look forward to the opportunity to discuss these matters further and to work together to ensure that the VA is held accountable and that veteran borrowers, particularly those grappling with the ongoing effects of their service-connected disabilities, are treated fairly and equitably.

Sincerely,

Michael Locke

127 Delvalle St.

Melbourne Beah, FL 32951

(321) 506-9557<tel:(321)%20506-9557>

mbl22885@msn.com<mailto:mbl22885@msn.com>

From: OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Sent: Thursday, April 18, 2024 11:09 AM
To: Michael Locke <mbl22885@msn.com>
Cc: OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Subject: RE: Freedom of Information Act (FOIA) request No. 23-12977-F

Hello – Your FOIA appeal is still pending. Currently, we are processing appeals that came in prior to yours. At this time, we are unable to provide a timeframe for when your appeal will be completed.

Thank you,

OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>

Department of Veterans Affairs

Office of General Counsel (024)

Information & Administrative Law Group

(FOIA & Privacy Act Appeals)
810 Vermont Avenue

Washington DC 20420

From: Michael Locke <mbl22885@msn.com>
Sent: Thursday, April 18, 2024 10:59 AM
To: OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Subject: [EXTERNAL] Re: Freedom of Information Act (FOIA) request No. 23-12977-F

Hello,

Could I please be provided an update on OGC CASE # 169943?

Michael Locke

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, March 29, 2024 2:09 PM
To: OGC FOIA Appeals <ogcfoiaappeals@va.gov<mailto:ogcfoiaappeals@va.gov>>
Subject: Re: Freedom of Information Act (FOIA) request No. 23-12977-F

Dear FOIA Appeals Officer,

I am writing to submit an updated appeal regarding the denial of my Freedom of Information Act (FOIA) request (No. 23-12977-F), which sought email correspondence related to the Veterans Benefits Administration's (VBA) Loan Guaranty Service (LGY) "preliminary assessment" of risks to borrowers in disaster areas. This appeal supplements and strengthens the arguments raised in my initial appeal dated March 20, 2024.

Upon further consideration and research, I believe my original appeal did not fully capture the compelling public interest at stake or the high legal bar VBA must clear to withhold these records under FOIA Exemption 5 and the deliberative process privilege.

First, VBA's conclusory assertion that disclosure could chill future internal discussions is precisely the kind of vague and speculative rationale that courts have repeatedly rejected under the "foreseeable harm" standard codified in the FOIA Improvement Act of 2016. As the D.C. Circuit has made clear in cases like Machado Amadis v. U.S. Department of State, agencies must "concretely explain how disclosure 'would'—not 'could'—adversely impair internal deliberations" in the specific context at issue. Boilerplate claims of harm are not enough.

Here, VBA has fallen far short of that exacting standard. It has offered no detailed, particularized explanation of how releasing the requested emails would actually impede LGY's deliberative process. Nor has it grappled with the powerful public interest in disclosure, which is critical to any proper balancing analysis under Exemption 5.

That public interest is especially acute given the disturbing questions raised by the 2019 OIG report (VAOIG-18-03979-204) about widespread problems in the disaster loan modification program, including a 45% error rate and evidence of a servicer pushing borrowers into unfavorable terms. Rather than conducting its own rigorous inquiry, the OIG deferred to LGY's opaque "preliminary assessment" and vague assurances that no further action was needed.

Even more troubling, during the height of the pandemic crisis from April 2020 to July 2021, VBA actively promoted the same problematic program to thousands of vulnerable borrowers via Circular 26-20-12, while providing zero transparency about any steps taken to fix the flaws exposed by the OIG. To this day, the public has had no way to assess whether LGY genuinely investigated and addressed these serious issues before pushing these risky modifications amid an unprecedented economic disruption. Veterans and other stakeholders remain in the dark about the adequacy of the agency's response. The requested emails are essential to filling this glaring gap in public knowledge and enabling meaningful oversight of VBA's actions during this critical period.

Moreover, the requested records are directly pertinent to my pending appeal before the Board of Veterans' Appeals (BVA) regarding the VA's failure to enforce the protections afforded to me under VA Circular 26-20-12. As a veteran borrower who has suffered harm due to the VA's inadequate oversight and non-enforcement of its own pandemic relief policies, I have a personal stake in understanding the agency's behind-the-scenes deliberations and actions (or inactions) related to this program.

I am currently preparing my BVA appeal with the assistance of representatives from the American Legion, who are providing invaluable guidance and support in navigating this complex process. As part of this preparation, I am gathering all relevant evidence to ensure that my appeal is as comprehensive and persuasive as possible.

The VA's delay in providing the requested email correspondence under FOIA is forcing me into an untenable position with respect to my docket selection for this appeal. My strong preference is to select the Direct Review docket (Option 10A), which would allow for the most expeditious decision on my case. However, without timely access to these highly relevant records, I am effectively being coerced into choosing between the Evidence Submission docket (Option 10B) or the Hearing with Evidence Submission docket (Option 10C), both of which would significantly delay the adjudication of my appeal.

If I am forced to select Option 10B or 10C in order to have any chance of obtaining and submitting this critical evidence, I face the prospect of extending the appeals process by several years, during which time I will continue to suffer the adverse consequences of the VA's unlawful actions. This is an unjust and unnecessary hardship that would be alleviated by the prompt disclosure of the requested records.

Denying me timely access to this directly relevant information not only prejudices my ability to present the strongest possible case on appeal but also undermines the fundamental fairness and integrity of the BVA appeals process. The VA should not be allowed to unilaterally withhold evidence that is central to my claim while forcing me into a Hobson's choice between an expeditious decision based on an incomplete record or a years-long delay to obtain records that should have been disclosed at the outset.

This personal impact underscores the vital public interest in transparency around the VA's administration of the pandemic relief program. Not only do these records bear on matters of broad public concern, but they also directly affect the rights and interests of individual veterans like myself who are seeking to hold the agency accountable for its failings. The VA's strategic delay in releasing this information under FOIA is effectively denying me due process and the ability to meaningfully prosecute my appeal.

Furthermore, as courts have recognized in cases like Meyer Corporation, U.S. v. United States, the deliberative process privilege is not absolute. It does not shield all pre-decisional records, but only those that would reveal and demonstrably harm an agency's decision-making process. No such showing has been made here. And to the extent the emails contain segregable factual information, that material is not privileged at all.

In short, VBA has not come close to satisfying the strict legal standard for deliberative process withholding, especially in the face of the paramount public interest in transparency around this critical program and the prejudicial impact on individual veterans' rights. I therefore renew my call for VBA to promptly release the requested records in full, or at a minimum, provide a far more robust and persuasive explanation for its secrecy that wrestles with the vital public and private concerns at stake.

Thank you for your consideration of this updated appeal. I trust you will give it the serious and impartial review that FOIA demands, and I look forward to a timely decision upholding the public's right to know and restoring a measure of justice for those veterans who have been harmed by the VA's actions.

Sincerely,

Michael Locke

________________________________

From: OGC FOIA Appeals <ogcfoiaappeals@va.gov<mailto:ogcfoiaappeals@va.gov>>
Sent: Wednesday, March 20, 2024 9:58 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Cc: OGC FOIA Appeals <ogcfoiaappeals@va.gov<mailto:ogcfoiaappeals@va.gov>>
Subject: RE: Freedom of Information Act (FOIA) request No. 23-12977-F

Hello – Your FOIA Appeal for 23-12977-F has been received. Our acknowledgment letter for your appeal is attached.

Thank you,

OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>

Department of Veterans Affairs

Office of General Counsel (024)

Information & Administrative Law Group

(FOIA & Privacy Act Appeals)
810 Vermont Avenue

Washington DC 20420

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, March 20, 2024 9:42 AM
To: OGC FOIA Appeals <ogcfoiaappeals@va.gov<mailto:ogcfoiaappeals@va.gov>>
Cc: VAVBAWAS/CO/FOIA <FOIA.VBACO@va.gov<mailto:FOIA.VBACO@va.gov>>; Wambui, Olaiseh I., VBAVACO <Olaiseh.Wambui@va.gov<mailto:Olaiseh.Wambui@va.gov>>; Davis, Angela C., VBAVACO <Angela.Davis14@va.gov<mailto:Angela.Davis14@va.gov>>; Walton, Alice <Alice.Walton@va.gov<mailto:Alice.Walton@va.gov>>; requests@muckrock.com<mailto:requests@muckrock.com>
Subject: [EXTERNAL] Freedom of Information Act (FOIA) request No. 23-12977-F

I am writing to formally appeal the recent decision regarding my Freedom of Information Act (FOIA) request (No. 23-12977-F). While I appreciate the efforts of the Veterans Benefits Administration (VBA) in processing this request, I strongly disagree with the rationale provided for withholding the requested email correspondence under FOIA Exemption 5.

In the Initial Agency Decision, it was stated that the emails were withheld due to their pre-decisional nature and protection under the deliberative process privilege. However, the explanation provided lacks the specificity and concreteness required to justify such withholding under current legal standards.

Recent court decisions, notably Machado Amadis v. U.S. Department of State (971 F.3d 364, D.C. Cir. 2020) and Reporters Committee for Freedom of the Press v. FBI, have emphasized the need for agencies to provide detailed and focused reasons demonstrating how the release of particular information would cause foreseeable harm. The decision from your office appears to rely on a generalized assertion that disclosure could negatively impact frank discussions, without adequately explaining how the specific emails in question would actually impede agency deliberations going forward.

The D.C. Circuit has clearly stated that agencies must "concretely explain how disclosure 'would'—not 'could'—adversely impair internal deliberations" and that "a perfunctory statement that disclosure of all the withheld information—regardless of category or substance—would jeopardize the free exchange of information...will not suffice." Instead, a "focused and concrete demonstration" is required in the specific context of the agency action at issue.

Moreover, the OIG report (VAOIG-18-03979-204) raises troubling questions about VBA's handling of potential risks to borrowers in disaster areas that heighten the public interest in transparency around this issue. Specifically:

- A Regional Loan Center analysis found a 45% error rate in a sample of disaster-area loan modifications, with a servicer pushing borrowers into higher-interest modifications.

- Despite this red flag, VBA's Loan Guaranty Service (LGY) said it would only do a "preliminary assessment," leading the OIG to defer its investigation.

- LGY then claimed its preliminary assessment found no need for further review, without detailing its methodology or findings.

The OIG's apparent deference to LGY's self-investigation, without obtaining concrete corrective action commitments, represents a departure from the more rigorous approach it took to other issues in the report. Given the significance of the risk to vulnerable disaster-impacted borrowers, more scrutiny and transparency would seem appropriate.

In this context, the public has a compelling interest in understanding LGY's decision-making process and the basis for its conclusions on the disaster area issue. Disclosure of the requested records could shed important light on whether LGY conducted a sufficiently thorough investigation and had a sound basis for its determination that no further action was required.

In light of the paramount importance of transparency and accountability around this serious matter, as well as the strict requirements for withholding information under the foreseeable harm standard, I respectfully request that VBA reconsider its broad application of Exemption 5 in this case. Absent a far more specific and compelling justification, I believe the strong public interest in disclosure outweighs the apparently tenuous risk of harm to the deliberative process.

Thank you for your consideration of this appeal. I look forward to your response and a more robust explanation for any continued withholding of responsive records. If you have any questions or require further information, please do not hesitate to contact me.

Sincerely,

Michael Locke

https://www.muckrock.com/foi/united-states-of-america-10/upper-level-vba-loan-guaranty-employees-deliberative-process-regarding-va-circular-26-20-12-161423/

I know for sure at this point I don’t have to wait for a decision from OGC FOIA Appeals and can go through the court.

I'm gonna guess someone from OGC FOIA Appeals has looked at the documents in question. I’m going to guess they show something amounting to or strongly suggesting malfeasance. How does that work with you guys? Are you duty bound to report it to OIG or something? Probably in theory you are, but in actual practice not so much.

From: OGC IALG Decision Dispatch <OGCIALGDecisionDis@va.gov>
Sent: Tuesday, June 25, 2024 7:56 AM
To: mbl22885@msn.com <mbl22885@msn.com>
Subject: RE: FOIA Appeal Decision - OGC Case # 169943 (FOIA Tracking #'s 23-12977-F, 24-00097-AR)

Hello -

Attached is the Final Agency Decision regarding your FOIA or Privacy Act Appeal with the Office of General Counsel, Information & Administrative Law Group.

Please note, this email box it not monitored. If you are filing a new FOIA or Privacy Act Appeal, you can email it to: OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>

Thank you,

U.S. Department of Veteran Affairs
Office of General Counsel (024)

Information & Administrative Law Group

FOIA & Privacy Act Appeals
[Logo Description automatically generated]

Dear VA Representative,

I am writing to request clarification regarding a claim I had filed for VA home loan records. I was previously able to view these records online via va.gov. However, I recently noticed that this claim has disappeared from my account.

Upon calling the VA benefits hotline, I was informed that my claim for VA home loan records was canceled on June 24, 2024. I am seeking information on the following:

1. Who authorized the cancellation of this records request?
2. What was the reason for the cancellation?
3. Under what authority or statute was this records request canceled?

I would appreciate any information you can provide regarding this matter. If you need any additional details from me to process this inquiry, please let me know.

Thank you for your assistance in resolving this issue.

Michael Locke

Good morning,

Please call me on my office cell below so I can find out how best to assist you.

Thank you.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

I have called and spoken to the requester.

He will be sending me a new FOIA directly to my email address.

Consider this issue resolved.

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Friday, January 24, 2025 11:26 AM
To: VAVBAWAS/CO/Office of the USB VBA <OfficeoftheUnderSecretaryforBenefits@va.gov>
Cc: Wambui, Olaiseh I., VBAVACO <Olaiseh.Wambui@va.gov>; OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Subject: Case No. 13180692

Dear Office of Client Relations / VA Hotline,
I am writing to follow up on my previous inquiry regarding the status of my remanded Freedom of Information Act (FOIA) request, Case #23-12977-F (OGC #169943, Appeal Remand #24-00097-AR).
It appears a resolution of sorts has been reached regarding the procedural status of this matter, as the VA VBA FOIA Office, via Mr. Olaiseh Wambui, has now indicated a decision will be issued by January 31, 2025, following the OGC FOIA Appeals office remand.
However, aspects of the circumstances surrounding this prolonged process lead me to believe that the forthcoming resolution may not reflect a good faith application of applicable law. My concern stems from a pattern of VA actions, including:

*
The abrupt and unexplained "erroneous closure" of the FOIA appeal remand, requiring intervention from the OGC FOIA Appeals office to rectify.
*
A parallel instance of abrupt and unexplained cancellation of my Privacy Act request, documented in VA Hotline Case Numbers 12437721 and 12552935.
*
The VA's initial misidentification of my FOIA inquiry as a Board of Veterans' Appeals matter, as evidenced in your previous response.

These events, taken together, create an impression of procedural irregularities and a lack of transparency that casts doubt on whether the VA is genuinely committed to fulfilling its obligations under the Freedom of Information Act in this instance. While a decision is now promised, the history of unexplained actions raises concerns about whether this decision will be based on a good faith and legally sound application of FOIA principles, or if it will simply represent another effort to limit transparency and withhold information.
I request that the Office of Client Relations take note of these concerns regarding potential good faith compliance issues within the VA's FOIA processing. Meaningful resolution requires not only a decision, but a decision that is demonstrably consistent with both the letter and the spirit of the Freedom of Information Act.
Thank you for your attention to these serious concerns.
Sincerely,
Michael Locke

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Thursday, January 23, 2025 11:59 AM
To: Wambui, Olaiseh I., VBAVACO <Olaiseh.Wambui@va.gov>
Cc: OGC FOIA Appeals <ogcfoiaappeals@va.gov>; Lyle, Jarrett M. VBAVACO <Jarrett.Lyle@va.gov>
Subject: Re: Reopening FOIA Appeal – OGC #169943 / FOIA #23-12977-F

Dear Mr. Wambui,
Thank you for your email of January 22, 2025, and for providing a deadline of January 31, 2025, for the agency decision regarding the remand of FOIA Request No. 23-12977-F (Remand #24-00097-AR). I appreciate you taking the time to review this matter.
As you conduct your review for the forthcoming agency decision, I want to specifically emphasize the legal requirement for segregability, as affirmed by the Supreme Court in U.S. Fish and Wildlife Service v. Sierra Club, Inc. Even if the deliberative process privilege is asserted for certain portions of records, any reasonably segregable factual information must be disclosed. Therefore, I respectfully request that the agency decision explicitly address the segregability of any responsive records, and if withholdings are maintained, detail the segregable factual material that is being disclosed.
In reviewing the matter, I would also like to reiterate my concern regarding the VA's characterization of the "risk assessment" mentioned in the OIG report as "preliminary." As the Supreme Court clarified in U.S. Fish and Wildlife Service v. Sierra Club, Inc., the determination of finality for purposes of information access is a functional rather than formal inquiry. In the absence of any record demonstrating that a subsequent "final" risk assessment was ever conducted, it appears that this "preliminary risk assessment" functioned as the agency's definitive analysis and conclusion on the matter. Therefore, the "preliminary" label applied by VBA Loan Guaranty Service to the risk assessment, especially as it is now being used to justify withholding information, should be carefully scrutinized, as the substance and function of the assessment suggest it may be a final agency decision in all but name.
I look forward to receiving the agency decision by January 31st and trust that these points will be fully considered in your review. Thank you for your attention to this important matter, and I trust that your review will prioritize both transparency and the interests of veterans.
Sincerely,
Michael Locke

________________________________
From: Wambui, Olaiseh I., VBAVACO <Olaiseh.Wambui@va.gov>
Sent: Wednesday, January 22, 2025 9:11 AM
To: Michael Locke <mbl22885@msn.com>
Cc: OGC FOIA Appeals <ogcfoiaappeals@va.gov>; Lyle, Jarrett M. VBAVACO <Jarrett.Lyle@va.gov>
Subject: RE: Reopening FOIA Appeal – OGC #169943 / FOIA #23-12977-F

Mr Locke,

Thank you for the inquiry.

It appears that the Remand # 24-00097-F was erroneously closed before a decision letter was sent to you. I am reviewing the remand in its entirety and will provide you with an agency decision by 01/31/25.

We apologize for this inconvenience.

Olaiseh Wambui

Government Information Specialist

Department of Veteran Affairs

Veterans Benefits Administration

Office of Mission Support (20M3)

1800 G. Street

Washington, DC 20006

Office Cell: (202) 374-7826

From: OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Sent: Wednesday, January 22, 2025 8:26 AM
To: Wambui, Olaiseh I., VBAVACO <Olaiseh.Wambui@va.gov>
Cc: Michael Locke <mbl22885@msn.com>; OGC FOIA Appeals <ogcfoiaappeals@va.gov>
Subject: FW: Reopening FOIA Appeal – OGC #169943 / FOIA #23-12977-F

Olaiseh - Can you please provide Mr. Locke an update on the remand that OGC issued to your office in June? Original FOIA 23-12977-F. Remand #24-00097-AR. According to the FOIA system, the Remand AR number was closed, but I cannot locate a decision in order to provide it to Mr. Locke.

I have CC’d him on this email so that you can provide him with an update on 24-00097-AR. Please respond directly to this email.

OGCFOIAAppeals@va.gov<mailto:OGCFOIAAppeals@va.gov>

Department of Veterans Affairs

Office of General Counsel (024)

Information & Administrative Law Group

(FOIA & Privacy Act Appeals)
810 Vermont Avenue

Washington DC 20420

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, January 22, 2025 8:18 AM
To: OGC FOIA Appeals <ogcfoiaappeals@va.gov<mailto:ogcfoiaappeals@va.gov>>
Subject: [EXTERNAL] Reopening FOIA Appeal – OGC #169943 / FOIA #23-12977-F

Dear OGC FOIA Appeals Office,

I am writing to formally request the reopening of my FOIA appeal regarding OGC Case Number 169943 and FOIA Tracking Number 23-12977-F, pursuant to the remand process outlined in your June 25, 2024 letter.

Timeline of events:

- Original FOIA request submitted: September 11, 2023

- Initial Agency Decision received: January 16, 2024

- Appeal filed: March 20, 2024

- Remand letter received: June 25, 2024

Nearly seven months have elapsed since the remand letter, and I have not received either a new Initial Agency Decision (IAD) or any status updates regarding the remanded search and review process.

As specified in the remand letter, I request that OGC prioritize this reopened appeal using my original appeal filing date of March 20, 2024.

Please confirm receipt of this reopening request and provide an estimated timeline for review.

Sincerely,

Michael Locke

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, January 21, 2025 4:55 PM
To: lynda.davis@va.gov<mailto:lynda.davis@va.gov> <lynda.davis@va.gov<mailto:lynda.davis@va.gov>>
Subject: Restoration of White House VA Hotline Effectiveness

Dear Ms. Davis:

I am writing to congratulate you on your appointment as Chief Officer of the Veterans Experience Office and to share my perspective as a veteran who has utilized the White House VA Hotline throughout its existence. I was particularly heartened to learn of your return, given your instrumental role in establishing the hotline during the first Trump administration.

Under your previous leadership, the White House VA Hotline exemplified excellence in veteran service. The implementation of the Customer Experience framework and VSignals surveys created a responsive system that genuinely served veterans' needs. The hotline's original staffing model, with its focus on veteran and veteran family member employees, demonstrated a deep understanding of our community's unique challenges.

I have personal experience using the hotline during both the Trump and Biden administrations. During your initial tenure, the hotline was a powerful tool that consistently delivered results for veterans. However, under the Biden administration, the service standards noticeably declined. With your return to office and your proven track record in implementing effective veteran service systems, I have hope this vital resource will be restored to its original effectiveness.

The original White House VA Hotline succeeded because it:

- Prioritized veteran-to-veteran communication

- Provided expedited resolution paths for urgent issues

- Maintained specialized tracking software for accountability

- Operated with a clear mandate for swift issue resolution

As someone who experienced the difference a well-implemented hotline can make, I would welcome the opportunity to share more detailed feedback about my experiences with the system, both during its peak effectiveness and after its integration into MyVA411.

Thank you for your continued dedication to improving veterans' experiences with the VA. Your previous work in establishing the CX Cookbook and implementing the Customer Experience framework demonstrated what's possible when veteran services are properly prioritized and executed.

Sincerely,

Michael Locke

127 Delvalle St.

Melbourne Beach, FL 32951

321-506-9557<tel:321-506-9557>

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, January 21, 2025 2:30 PM
To: VAVBAWAS/CO/Office of the USB VBA <OfficeoftheUnderSecretaryforBenefits@va.gov<mailto:OfficeoftheUnderSecretaryforBenefits@va.gov>>
Subject: Fw: VBAOCR VA HL <AFL> FOIA Status Update - Inquiry #13180692

Your response has incorrectly treated this as a BVA matter. This is a FOIA request that has been remanded by the VA Office of General Counsel.

This inquiry concerns:

- FOIA Request #23-12977-F (September 11, 2023)

- OGC Case #169943

- Appeal Remand #24-00097-AR

The June 25, 2024 remand from the VA Office of General Counsel ordered specific actions regarding my FOIA request for records about the FY 2019 risk assessment of home loans in disaster areas. This is strictly a FOIA matter and has nothing to do with the BVA or benefits processes.

I am seeking clarification on when I can expect the Initial Agency Decision as specified in the remand letter from the OGC.

Sincerely,

Michael Locke

________________________________

From: VAVBAWAS/CO/Office of the USB VBA <OfficeoftheUnderSecretaryforBenefits@va.gov<mailto:OfficeoftheUnderSecretaryforBenefits@va.gov>>
Sent: Tuesday, January 21, 2025 2:13 PM
To: mbl22885@msn.com<mailto:mbl22885@msn.com> <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: FW: VBAOCR VA HL <AFL> FOIA Status Update - Inquiry #13179334

Dear Mr. Locke,

Thank you for your response.

Review of your Board of Veterans’ Appeal file indicate your Notice of Disagreement was received on June 12, 2024. VAF 10182 (Decision Review Request: Board Appeal Notice of Disagreement) was received on August 9, 2024, for VA Home Loan Benefits.

Documentation received on January 9, 2025:

1. Priority Processing Request
2. Court Documentation
3. Notification from the Board of Veterans’ Appeal

On January 10, 2025, you were advised during telephone call with the status of your appeal and also provided with guidance and proper methods on how to submit another motion.

The Board of Veterans’ Appeal advised you that your appeal was docketed, and your docket number was: 240612-487471<tel:240612-487471>. All cases are worked in the order VAF 9 or VAF 10182 was received. You will be updated with any progress when changes are made to your case. If you have any questions, please reach out to your Veterans Service Organization or representative or log onto va.gov for additional information. Claim is pending and there is not an estimated date of completion, we apologize for the delay.

To check your appeal status, visit: https://www.va.gov/claim-or-appeal-status

If you wish to contact the Board of Veterans’ Appeals (Board) or submit a statement or documents to the Board, you can submit via mail or fax:

Board of Veterans’ Appeals

PO Box 27062

Washington, DC 20038

FAX – 1-844-678-8979<tel:1-844-678-8979>

Or visit: https://www.bva.va.gov/CustomerService.asp

Do not respond to this email. If you have further questions regarding VA benefits, one of our VA representatives at 1-800-827-1000<tel:1-800-827-1000> will be able to assist you between the hours of 8:00am to 9:00pm (EST), Monday through Friday.

Thank you,

Office of Client Relations

Outreach, Transition, and Economic Development (OTED)

[cid:image002.png@01DB6CA9.303E8C80]

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, January 21, 2025 11:34 AM
To: VAVBAWAS/CO/Office of the USB VBA <OfficeoftheUnderSecretaryforBenefits@va.gov<mailto:OfficeoftheUnderSecretaryforBenefits@va.gov>>
Cc: requests@muckrock.com<mailto:requests@muckrock.com>
Subject: [EXTERNAL] Fw: VBAOCR VA HL <AFL> FOIA Status Update - Inquiry #13179334

I am writing to correct several significant errors in your January 21, 2025 response regarding my FOIA request.

Your letter incorrectly states that my FOIA request "was received on November 12, 2024." This is incorrect. The actual timeline is:

- Original FOIA Request: September 11, 2023 (FOIA #23-12977-F)

- Initial Agency Decision: January 16, 2024

- My Appeal: March 20, 2024

- OGC Appeal Remand: June 25, 2024 (OGC Case #169943, Appeal #24-00097-AR)

The VA Office of General Counsel granted my appeal and remanded the case over 7 months ago, ordering:

1. A thorough reconsideration of my request

2. A renewed search for responsive information

3. A description of the search process

4. Review of all responsive information

5. Issuance of a new Initial Agency Decision

Your response appears to confuse my FOIA appeal with a benefits claim. This is a FOIA request for specific records related to the FY 2019 risk assessment of home loans in disaster areas. The VA has already identified 25 pages of responsive email records.

Please provide:

1. The current status of the remanded FOIA request

2. An estimated completion date

3. The name of the FOIA Officer handling the remand

For reference, the remand letter CC'd:

- Olaiseh Wambui, VBACO FOIA Officer

- Angela Davis, Supervisory FOIA Officer

- Darryl L. Webb, GIS, VACO FOIA Service

Sincerely,

Michael Locke

From: VAVBAWAS/CO/Office of the USB VBA <OfficeoftheUnderSecretaryforBenefits@va.gov<mailto:OfficeoftheUnderSecretaryforBenefits@va.gov>>
Sent: Tuesday, January 21, 2025 12:17 PM
To: mbl22885@msn.com<mailto:mbl22885@msn.com> <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: VBAOCR VA HL <AFL> FOIA Status Update - Inquiry #13179334

Dear Mr. Locke,

Thank you for contacting the VA Hotline on December 21, 2025. Your inquiry was referred from the VA HL to the Department of Veterans Affairs’ (VA), Veterans Benefits Administrations’ (VBA), Office of Client Relations (OCR) for assistance.

During your call to the Hotline, you raised the concern of the status of your FOIA (Freedom of Information Act) request.

Please be advised the VA believes in their core values for “I CARE.” We believe that Integrity, Commitment, Advocacy, Respect, and Excellence exudes the customer service our clients deserve. All VA employees are to adhere to these Core Values in their day-to-day operations and remember President Lincoln’s promise to care for those who have served, and we value your feedback.

Review of your electronic file indicates your request for Freedom of Information Act (FOIA) was received on November 12, 2024, and the VA sent you an update on December 10, 2024. Their office advised you that due to the current volume, a processed copy of a VA claims folder or documents may be significantly delayed as they are being processed on a first in/first out basis, which may take several months to process. Records will be provided to you on a compact disc for your personal computer usage. Records request is pending, we apologize for this delay.

While it is our sincere desire to process every claim promptly, VA must manage the workload in the most efficient way to provide excellent service and timely decisions to as many claimants as possible. We make every effort to work claims in the date that the claims were received. However, there are times when we can expedite claims as priority that meet certain criteria. The VA can expedite claims when the claimant is homeless, facing financial hardship for example, eviction, overdue rent, mortgage, or utilities, age 85 or older, or terminally ill. Should you meet any of the criteria for expedited processing, please let the VA know immediately by submitting VA Form 20-10207<tel:20-10207> Priority Processing Request. Please ensure that you are submitting the required documentation per the instructions to support your request. All forms can be found on the VA website at: https://www.va.govvaforms<https://www.va.govvaforms/>.

Claim is flashed as hardship and will be expedited whenever possible.

You are encouraged to reach out to the appointed Power-of Attorney (POA), listed as the American Legion, but can also use the Visitor Engagement Reporting Application (VERA) self-service portal to schedule an appointment in person or virtually with a Regional Office. An appointment can be scheduled by going to https://vets.force.com/VAVERA/s/.

We hope this information was helpful as it is our goal to assist you.

If you have further questions regarding VA benefits, one of our VA representatives at 1-800-827-1000<tel:1-800-827-1000> will be able to assist you between the hours of 8:00am to 9:00pm (EST), Monday through Friday.

Best Regards,

Office of Client Relation

Outreach, Transition, and Economic Development (OTED)

Veterans Benefits Administration

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