Citation Nr: 18142375
Decision Date: 10/15/18	Archive Date: 10/15/18

DOCKET NO. 17-26 911
DATE:	October 15, 2018
REMANDED
The issue of whether an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $675.00 was properly created due to change in dependency status for school-aged dependent child, J.T., is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1974 to June 1976 and from March 1978 to June 1996.
The Board of Veterans’ Appeals (Board) notes that it issued two decisions in October 2017.  One decision remanded the issues of entitlement to service connection for groin pain, a right arm disorder, chest pain, and a TDIU for further development by the Agency of Original Jurisdiction (AOJ).  Those issues will not be addressed at this time as they are still under the jurisdiction of the AOJ.  A separate decision will be issued by the Board, if ultimately necessary.
The second October 2017 Board decision remanded the issue listed above for a month-to-month accounting of compensation benefits payments to the Veteran in response to his contentions regarding the propriety of the $675.00 debt, to include argument that the $675.00 was stolen from his retirement.  Unfortunately, the appeal was returned to the Board before this action was undertaken at the AOJ.  Therefore, the appeal must again be remanded to comply with the remand directives issued by the Board in October 2017.
In addition, the second October 2017 Board decision noted that the AOJ adjudicated whether the overpayment was properly created, but did not address any request for waiver of recovery of the overpayment debt; the Board found a claim for waiver of the overpayment debt of compensation benefits in the amount of $675.00 due to change in dependency status for J.T. was raised by the Veteran during his disagreement with the propriety of the debt and directed the claim be referred to the Committee on Waivers and Compromises (COWC) to adjudicate the issue and provide a statement of the case (SOC).  That issue is again referred.  However, issuance of an SOC is not necessary unless the COWC denies the waiver and the Veteran expresses disagreement with that decision.  See 38 C.F.R. § 20.200.  
The matter is REMANDED for the following actions:
1. Provide the Veteran with a month-to-month explanation of his $675.00 overpayment debt due to change in dependency status for J.T. that addresses his contentions that $675.00 was stolen from his retirement benefits.  Such explanation should include completion of an audit for the entire period covered by the overpayments that provides an accounting to the Veteran, explaining the amount of the overpayment and how it was calculated.
2. Refer the Veteran’s request for a waiver of recovery of the overpayment debt in the amount of $675.00 due to change in dependency status for J.T. to the COWC to adjudicate the claim.
3. Then, issue a supplemental statement of the case (SSOC) that addresses whether the overpayment was properly created and afford the Veteran and his attorney the opportunity to respond.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Odya-Weis, Counsel