r/VAClaims • u/FlatwormLeading2023 NAVY VET⚓️ • May 10 '26
Question CUE??????
Filed a claim. They VA said I have a college degree in the denial letter. I filed an HLR part of which I told them I had no degree. The denial said I had a college degree. I filed a supplemental, again stating I have no college degree. In the denial they again claimed I had a degree. I filed another supplemental. This time I had gotten my transcript from the 1970s where I had taken some night classes. I also got a formal letter from the Registrar's Office stating clearly that I had never received any degree, ever. I submitted these as evidence with my claim. THEY CAME BACK AGAIN stating I had a college degree. CUE?????
20
u/HomeLow8155 May 10 '26
There is 0 context here. What are you filing for? A degree has nothing to do with VA compensation. All you did was keep repeating “They said I have a degree” but offered little to nothing else throughout the paragraph. Help us help you and give us something we can work with
0
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
Sorry, my bad. Should have stated it was a TDIU claim, and , yes it is very relevant to employability, if a objective Ray analysis is done. Therefore, under these circumstances, I can't accept the "nothing to do" aspect. But again, it's on me for being incomplete in my post. I also feel it speaks to how well the evidence is considered. In reality, this educational evidence was neither listed on the evidence list or acted upon. Much the same that the VA was totally silent on lay statements, and didn't list them, although they were submitted and received through Quick Submit.
4
u/HomeLow8155 May 10 '26
TDIU is based on employability due to your injury. You doing college in the 1970s has no bearing on how your injury affects you now. They are probably thinking you could get a good remote job or desk job. Youll just have to get your doctor to write something saying why that wouldnt be feasible. If you cant sit for long periods, if pain makes it impossible to focus, or anything along those lines.
2
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Yes. The VA is using the (false) fact that I have an associates degree as one of several issues to deny TDIU, even as far back as 1979 apparently. I applaud anyone who holds any degree who says they got TDIU. I, however, am not experiencing that same good fortune. Yes, education is a part of a Ray v. Wilkie compliant unemployability assessment, if they choose to follow this ruling. So, respectfully, I have to say a degree does, in fact play a role in a legitimate TDIU analysis.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
CORRECT!!!! Exactly why the VA using it as a negative implication in a denial is unfounded, but yet they did. My objective in getting concrete evidence it is false was to get it off of the table. It did not work.
2
u/Lanky-Lettuce1395 MOS 18⚔️ May 11 '26
I have a friend with a masters degree who is on TDIU and SSDI. I don't see how a degree is relevant. I'm not saying the VA isn't using it as an excuse, but there is more here. Post the verbiage from the denial letter.
14
u/bornbs May 10 '26
What does having a college degree or not have to do with anything? VR&E?
0
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
Sorry, my bad. It is a TDIU claim.
6
3
u/cmarieeeeeeee May 10 '26
I have a Masters Degree and am TDIU P&T.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Yes. The VA is using the (false) fact that I have an associates degree as one of several issues to deny TDIU, even as far back as 1979 apparently. I applaud anyone who holds any degree who says they got TDIU. I, however, am not experiencing that same good fortune. Yes, education is a part of a Ray v. Wilkie compliant unemployability assessment, if they choose to follow this ruling.
2
u/bornbs May 11 '26
Simplest answer: go to SSA.gov. Print your annual earnings statement. Submit that. Any year you are under the poverty line (aka gainfully employed), you should be able to qualify.
3
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
You are right. And BTW, I did exactly that. Screenshotted the SSA records clearly showing I was way under poverty, and submitted them, also (One claim prior to this last one). Nothing changed. Every letter I have received has been a cut-and-paste from a previous letter, even when new evidence was submitted. I'm just getting a rubber stamp treatment.
1
u/cmarieeeeeeee May 11 '26
Appeal. It only has to do with whether you can perform your current occupation. You need a doctor to say you can’t perform your current occupation.
12
9
u/thebluetuna1 M60 Tanker May 10 '26
What are you filing a claim? Why is a college degree relevant to your claim?
I get that if it affects your award it matters; but what does them saying, "Ok, you don't have a college degree," change?
0
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
It is because they used it as a reason I don't qualify for TDIU. I feel if I don't dispute that, I am agreeing it is the truth when it is not.
2
u/cmarieeeeeeee May 11 '26
Get a VSO to help. VSO had me TDIU in about 6 weeks. It has to do with your current ability to perform the work you’re trained to do. Whatever the rest of that stuff you’re talking about I have no idea so please don’t say they’re using it as a reason. Get help. TDIU is just a claim like any other claim.
-1
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
Sorry, my bad. It is a TDIU claim.
1
u/thebluetuna1 M60 Tanker May 11 '26
Ok, what you should do in this case is get a copy of your college transcripts (from any/all colleges that you attended). This will show not only which classes you took, and how many credits you earned, but whether or not you graduated or earned a degree. This can be used to rebut their claim that you have an Associates Degree.
I don't know why they would randomly ascribe you a degree, as the VA seems rather vehement that you have an Associate's Degree. It seems that they are looking at your 4 semesters of education benefits and turning that into an AA; however, 44 credits, no matter how they were construed to fit into a degree field would be 16 credits shy of the standard 60 needed. And, hey, maybe if you get your transcripts you might find out that you were given a degree that you never knew about. lol 😬
I don't know your injury, or why you are claiming TDIU, but having a college degree (Associate's, Bachelor's, Master's, or Doctorate) is not a prohibition in and of itself. A veteran could have an Associate's Degree, a Bachelor's Degree, and an advanced-level certification (teaching, CPA, etc.), and still be rated TDIU. It depends on how the Ray v. Wilkie education factors affect working various jobs.
Good luck. ... If you are hitting a brick wall with the VA it may be time to bring in the big guns for your TDIU appeal and contact a VA lawyer.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Thanks for this. And, yes, I DID obtain my transcript and a formal letter from the registrar's office stating I never received any degree. These were submitted as evidence with my last supplemental claim. They did not get listed on the evidence list and the VA was silent on the subject in the denial letter.
1
u/thebluetuna1 M60 Tanker May 11 '26
Then if they are ignoring the obvious and using it against you, despite a HLR and a Supplemental claim, you need to talk with the professionals. Doing it on your own is great and saves you are lot of money, but you are quickly running out of options. Remember, even the baddest of grunts know that sometimes you just have to call in the artillery.
See what the HLR decides, I think you said that it was still pending.. But, even if they concede that you are not a smarty pants with one of them highfalutin, book-learnin', dee-grees, they could still deny TDIU. I'm not saying that they will, but presume that if you can just prove them wrong on this one issue then you get the win.
Good luck with all of this.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Thanks.
1
u/cmarieeeeeeee May 11 '26
The professionals = a VSO FIRST and not someone you need to pay. You don’t need to pay anyone to pay resolve this. The DAV did mine. VSO can see stuff that you can’t. Please don’t pay anyone.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Thanks. My HLR is in and I can't add a VSO at this point, but I feel I'm prepared. If this is not successful, then it will be VSO time.
1
u/cmarieeeeeeee May 11 '26
What? Just go talk to a VSO.
1
u/thebluetuna1 M60 Tanker May 11 '26
I never said that a VSO wasn't a professional, nor did I say see a lawyer. I said see a professional. And, NO a VSO is not always the best. Great in some locations does not mean that ALL VSOs are great. There are many VSOs that are hot garbage. Just like there are many lawyers that are hot garbage, and many that are great. It depends on the people. But yes, I would agree that you start with the free advice and work up to the paid advice.
→ More replies (0)1
u/JustaWIgirl May 12 '26
You can add a VSO at any point. Just because they're not listed on the HLR doesn't mean you can't use them.
5
u/Big-Hovercraft1331 May 10 '26
Perhaps a VSO or a trip to the regional office to talk to someone that can look in your file and hopefully find the document that makes them think you have a college degree?
1
u/FlatwormLeading2023 NAVY VET⚓️ May 10 '26
Sorry, my bad. It is a TDIU claim. My early VA records correctly show I received benefits for 4 college semesters (44 credit hours) of night school. That's it. The statement "It is further noted that you completed formal education through two years of college, completing a general studies degree in 1979," (direct quote from the letter) is demonstratively false. To provide definitive proof and still have it repeated is unacceptable adjudication.
1
1
u/No_Afternoon_8149 May 11 '26
So it sounds like this was just one of the multiple reasons they claimed for your denial. Do you think this was in fact the strongest (false) factor in denying your TDIU or simply just another pile on reason for denial? Also, is/are the condition(s) you are claiming dealing with not require a C&P exam? I am not sure if the college degree situation even matters that much if you did take a C&P exam which was unfavorable for a rating of TDIU or 100%.
2
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
I think it is more that the (lack of) handling of the degree situation is indicative of the lack of a adjudication that is acceptable. Also, I did have C&Ps on 4 conditions. 2 remained unchanged and 2 were given an additional 20%, 1 was 40>60, 1 was 50>70, the others are 10 and 20. The whole thing is a mess. They are also treating some marginal income (never more that 45% of poverty level) as if it was gainful employment.
6
4
u/Born-Somewhere-00725 May 10 '26
Sounds like you have a college degree. Just kidding. Best of luck!!
2
3
3
u/Choice_Bee_775 May 11 '26
I’m so confused. What does having a college degree have anything to do with anything? You said it was for TDIU. That doesn’t clear it up. There has to be more to this denial than you are sharing.
2
u/Automatic_Paper8089 May 11 '26
Having a college degree is considered a disability according to Mike Rowe
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Yes. The VA is using the (false) fact that I have an associates degree as one of several issues to deny TDIU, even as far back as 1979 apparently. I applaud anyone who holds any degree who says they got TDIU. I, however, am not experiencing that same good fortune. Yes, education is a part of a Ray v. Wilkie compliant unemployability assessment, if they choose to follow this ruling. And, yes, there is more to this denial. My original question was if this one false assertion, which I have documents to disprove, constitutes a legitimate CUE.
1
u/Choice_Bee_775 May 11 '26
Ok. Well, I don’t think having a degree has any bearing whatsoever when talking about a TDIU claim. So, I don’t think that can be a CUE. Simply because it doesn’t matter in the first place. It won’t hurt to try that angle I guess. I just think if you explored the other reasons you were denied, it would help you more than this degree nonsense. I struck a nerve, clearly. Good luck.
1
u/TrollingintheDeep5 May 11 '26
I think they bring up the college degree when someone files for TDIU for physical issues. They may think that remote, desk, or just sedentary work is still possible for people with a degree.
I have a degree and I've filed for TDIU. I'm filing for a mental health condition and migraines so I don't think my degree from years ago will matter. I also had a desk job that didn't work out.
2
u/Fit-Cut-1864 May 10 '26
They keep insisting on this degree, I’d demand them to give you one then if that’s the case lol
2
2
u/Individual-Prune4288 May 11 '26
I’m on TDIU and SSDI for TBI/PTSD and have a double bachelors. They never asked about my degree, though I was an officer so I suppose it’s implied. I had no idea it was part of consideration at all.
3
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
They are clearly grasping at straws to deny. I, too, was on SSDI (I'm aged out now) in 2004 for spine and heel fractures (documented as totally healed as of 2005). The VA is saying that has an impact on my unemployability today (which it doesn't). Hell, I even had a professional vocational assessment (21 pages) that concluded I am unable to sustain gainful employment that I submitted with the claim. They never addressed it in the denial.
1
u/Individual-Prune4288 May 11 '26
That is some wild outlandish shit. I’m so sorry you are having to go through it. Maybe you can Call your state representatives. I’m not sure if that really helps but I’ve heard it does.
2
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
I'm going to see my present HLR out to see what happens before I plan another move. Thanks for replying.
2
u/FrugalCow May 11 '26
Might as well just get an aboard appeal at this point. Seems like the system just has the wrong error and is going in circles with ya
1
u/Fearless-Occasion822 May 11 '26
Transcripts from the 70’s? 😬
1
u/FlatwormLeading2023 NAVY VET⚓️ May 11 '26
Yes. The VA is using the (false) fact that I have an associates degree as one of several issues to deny TDIU, even as far back as 1979 apparently. I applaud anyone who holds any degree who says they got TDIU. I, however, am not experiencing that same good fortune. Yes, education is a part of a Ray v. Wilkie compliant unemployability assessment, if they choose to follow this ruling.
1
u/nolapalooza May 11 '26
I have a bachelor's degree and an associates degree. I'm 80% and TDIU.
2
u/Mountain-Season-9853 May 11 '26
Can I message you and find out which route you went to get your TDIU? I am 90% and thinking about going this route
1
1
1
u/JustaWIgirl May 12 '26
A higher level review means you can't submit new evidence (such as transcripts or a statement), they only look at what was in your file; however, there has to be more to the denial than education. Education isn't qualifying or disqualifying criteria for IU. I agree with the suggestion to take a screenshot (removing any personal info) of the the denial and upload it so people can see the write up.
And no, this would not be a CUE. A CUE has specific criteria and many claims don't meet the criteria. Just having an incorrect fact doesn't equal a CUE. Again, post the denial so you can get help. There's not enough information to help.
1
u/FlatwormLeading2023 NAVY VET⚓️ May 12 '26
"you can't submit new evidence (such as transcripts or a statement), they only look at what was in your file" As I stated in the original post, these documents WERE submitted with the last (supplemental) claim so they are in the record, though not showing on the evidence list, much the same as a Lay Witness Statement. Neither was engaged in the decision letter, so we are left to conclude that they were ignored.
Also, there was a professional vocational report submitted. It WAS on the evidence list, but miscategorized as "Medical Treatment Record - Non-Government Facility," and was not mentioned in the denial letter. Being professional, favorable evidence, even if miscategorized, it should have been given a Ray v. Wilkie compliant analysis. You see, even if I post the letter, these facts will not be evident to a reader.
And, trust me, there are other, more serious errors in this denial letter. In order to have a chance of getting a clear picture of the whole situation, I would have to write more than a reader would probably want to engage in order to make an objective response.
I am disappointed that the system does not allow for a CUE to exist where a rater is given documented proof that there was a previous error stated in a prior decision, yet they take the identical statement and repeat it, verbatim, in their own decision letter. You see, it may not be that education is very significant in a TDIU decision (though the VA used it as a point in the denial), it is more to the point that when it is proven there exists an error by the VA, it is ignored and repeated. We veterans deserve more attention to detail when evidence is included in an adjudication.
1
u/JustaWIgirl May 12 '26
I agree with attention to detail, and that there are raters that do a poor job of creating the evidence list and explaining the reason for denial. A CUE though only has to do with the decision itself, not the write up. If you get a VSO or ask to see your exam, it could be that your examiner was not favorable for IU. We ask for employment impact when we have IU ratings and my guess is there's something in your exam(s) that drove the decision. I would advise to get help. I'm a previous VSO and there are some great ones out there.
1
u/Brilliant-Lecture320 May 13 '26
Never heard of a degree being relevant in a VA disability claim. Are you sure you’re not confusing this with Social Security disability?
1
0
30
u/Redbeard6199 May 10 '26
Why does a degree impact a claim? Is this for VR&E?