VR&E communication delays pushed me toward grad school, then EAA was denied. Has anyone successfully challenged this?
I graduated with my bachelors through VR&E on May 6 and was trying to find employment. Upon graduation, my counselor’s instructions required three job searches per week for 30 days as well as two forms which needed to be filled out. I had some questions about the forms which initiated this chain of events, delay after delay, and eventually a forced decision to attend graduate school and quit my job search so I can continue getting paid. Due to this, I was denied the 2 EAA payments based on an incorrectly filled out job search log which wasn’t brought to me attention until months later. Please read the full story before commenting.
Four documented stretches:
April 19–June 24: 66 days. I asked what identifying numbers to use on the forms and reiterated the unresolved issue in at least 10 follow-up messages. Some replies reminded me to submit forms without answering the question. I eventually found the information myself and submitted the forms and log.
June 24–July 6: 12 days and four follow-ups asking whether everything was received/correct. I was then told to resubmit through eVA and did so immediately.
July 8–August 3: another 26 days and four follow-ups after specifically asking whether my existing log satisfied the requirements. The July 8 instructions also listed a first-payment date of July 3—already past. By August, I was being told the log was inadequate. At this point the completed job search log was in their possession since June 24th.
I contacted another VA employee, called regional and field offices on different days and at different business hours, and repeatedly got voicemail. I finally reached an out-of-state office that directed me to Ask VA. A national hotline complaint eventually got a supervisor to review my case. Eventually, supervisors stated that the EAA is being denied because it was not filled out correctly and also informed me that my current GI bill usage for graduate school is blocked because my VR&E status was still active. At this point I was given an ultimatum. Drop of of school and pursue an aggressive job search/receive the payments, or accept the denial and continue my school. They stated if I chose to accept the denial, I can file an appeal(it most likely wont work because the denial is legitimate based on the job search log actually being incorrect as stated). My biggest concern at this point was having my bills paid. I am reliant on the housing allowance with the GI bill for this and due to this, I opted to accept the denial so I can get my VR&E file closed and have my GI bill approved ASAP.
August 26–September 25: another 30 days and three follow-ups after requesting VR&E closure to access my GI Bill, before a supervisor reported sending Education clearance.
Graduate school was a backup, not my preferred outcome. With no job and no timely guidance before I had to make an enrollment decision, I felt these delays forced my hand. Had I received timely feedback, corrected the deficiencies, and secured suitable employment, I would have chosen work instead. Once I committed to full-time graduate school, I stopped job searching.
I acknowledge my log may not establish the require qualifying period. But I submitted it in June and repeatedly asked what needed correcting. My argument is about the lost opportunity to address that, not that silence automatically meant approval.
My GI Bill is now active. I’m still awaiting the promised EAA denial letter and am only disputing the earlier period.
Has anyone successfully appealed a similar EAA decision or pursued equitable relief under 38 U.S.C. §503? Would a VSO or contacting a congressman help? The 2 EAA payments were going to support my move to a new school and help me get established as I started my graduated program if I didn’t get employment. Thankfully I am now actively enrolled in the GI bill and my housing is covered but if it is at all possible that I have a case here, I could really use those EAA payments as I’ve incurred a lot of credit card debt with my move due to never receiving the payments to cover the expenses. I have the email history saved and want realistic advice. My argument here is that these delays are unacceptable and unprofessional, as well as the clear ignorance communicated to me in emails which didn’t address my questions properly and the clear miscommunication between supervisors/counselors/other VA entities. Is there anything at all I can do here to get those 2 payments? Is there any program I qualify for to maybe compensate me in some way for this? I’m grateful my GI bill is approved now and that solved the major issue but getting access to those 2 payments would really help me out.