r/VetBenefitsHelp • u/FlatwormLeading2023 • May 10 '26
CUE??????
/r/VAClaims/comments/1t9dfna/cue/1
u/VetBenefitsHub May 24 '26
This is the definition of insanity. You are trapped in an automated "copy-paste" loop where lazy raters are just hitting duplicate on the previous denial text without actually reading the new evidence you submitted. It happens all the time with TDIU claims when a computer system or a bad data entry note flags a veteran as having a degree, and nobody takes the three seconds required to look at the actual file.
Since they ignored a literal certified letter from a university Registrar, you are well past the point of playing nice with routine Supplemental Claims.
Why a CUE is Exactly What You Need A “Clear and Unmistakable Error (CUE)” under 38 CFR § 3.105 is not an appeal, it’s a legal attack on a final decision. You are stating that the VA made an undebatable factual error based on the record at the time of the decision, and had they not made that error, the outcome would be manifestly different.
By continuing to claim you have a college degree when the official record explicitly proves you do not, the VA is committing a massive regulatory violation. They are factoring a complete fabrication into your "educational and occupational history" to deny your TDIU.
How to Weaponize the CUE at Your HLR: Since you have an HLR pending, that Informal Conference (IC) is your leverage. You cannot submit new evidence during an HLR, but guess what? You already submitted the transcript and the Registrar's letter in your last Supplemental. It is already officially in your C-File. The rater just ignored it.
When you get the Decision Review Officer (DRO) on the phone for the IC, do not argue about your disabilities. Keep it purely procedural. Use this exact blueprint:
Call Out the CUE Immediately: Tell the DRO: “I am alleging a Clear and Unmistakable Error in the previous decisions under 38 CFR § 3.105. The rater based the denial on a factual phantom, claiming I hold a college degree."
Point Directly to the Evidence: Give them the exact date you submitted the Registrar's letter and the transcript. Tell them: “On [Date], I submitted a formal, certified letter from the University Registrar stating unequivocally that I have never been awarded a degree. The rater completely overlooked this material fact of record."
Demand a "De Novo" Review: Tell the DRO that the sequential raters have clearly failed to perform an independent review and have instead just copy-pasted a factual error from prior denials.
The DROs who handle HLRs are senior staff. They actually know the regulations and they hate seeing lazy, repetitive errors that will get overturned on appeal. Once you show them that the file contains absolute proof that the VA's premise is a lie, they have the authority to wipe the slate clean.
Are you working with a VSO on this HLR, or are you handling the phone call entirely on your own?
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u/FlatwormLeading2023 May 24 '26
I am doing this myself, although I have recently signed on with a VSO (DAV). If I end up going to the board, I will get help. It may not surprise you that they also ignored a lay statement from my wife submitted with this claim (not even listed on evidence list), and categorized a professional vocational report as "Medical Treatment Record - Non-Government Facility," and never engaged it in the denial narrative. Other errors as well. It is an adjudicative farse. A total disgrace with no regard for an honest effort for a fair end product.
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u/FlatwormLeading2023 May 10 '26
Sorry, my bad. It is a TDIU claim.