Citation Nr: 18143100
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 15-00 330
DATE:	October 18, 2018
ORDER
The reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of active service drill pay for Fiscal Years (FYs) 2008, 2009, and 2010 was proper, and the appeal is denied.
FINDINGS OF FACT
1. The Defense Manpower Data Center (DMDC) informed VA that the Veteran received active service drill pay for a period of 61 days in FY 2008; 46 days in FY 2009; and 14 days in FY 2010. 
2. The Veteran’s VA disability compensation was properly reduced for concurrent receipt of active service drill pay for a period of 61 days in FY 2008; 46 days in FY 2009; and 14 days in FY 2010.
CONCLUSION OF LAW
The reduction in the VA disability compensation benefits to offset the concurrent receipt of active service drill pay for concurrent receipt of active service drill pay for a period of 61 days in FY 2008; 16 days in FY 2009; and 14 days in FY 2010, was proper.  38 U.S.C. §§ 5107, 5304(c); 38 C.F.R. §§ 3.654, 3.700.
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran has disputed the propriety of the reduction of his VA disability compensation benefits to offset the concurrent receipt of active service drill pay for concurrent receipt of active service drill pay for a period of 61 days in FY 2008, 46 days in FY 2009, and 14 days in 2010.  
The Veteran served in the United States Air Force from November 17, 1989 to November 16, 1993 and from January 20, 2004 to March 22, 2005, with subsequent periods of National Guard service including drill periods.
The DMDC advised VA that the Veteran received active service drill pay for a period of 61 days in FY 2008; 46 days in FY 2009; and 14 days in FY 2010.  In October 2011, the Regional Office (RO) advised the Veteran that it was proposed to reduce his compensation benefits accordingly.  In February 2012, the RO notified the Veteran that this action had been undertaken.
As relevant to this appeal, 38 U.S.C. § 5304 (c) prohibits the receipt of VA disability compensation benefits for any period for which the person receives active service pay.  See 38 C.F.R. §§ 3.654, 3.700.  This includes active duty pay, drill, and active duty for training payments, and inactive duty for training payments made to Reservists and members of the National Guard.  Id.  Reservists may waive their pension, compensation, or retirement pay for periods of field training, instruction, other duty, or drills.  A waiver may include prospective periods and contain a right of recoupment for the days for which the reservist did not receive payment for duty by reason of failure to report for duty.  38 C.F.R. § 3.700 (a)(1)(iii).
The Veteran has disputed the number of drill days and submitted a letter from the Adjutant General; however, that letter did not delineate the number of drill days.  The Veteran has not otherwise provided specific contentions regarding the exact number of drill days for any of the FYs currently on appeal nor has he submitted supporting information that reflects information conflicting with the drill days indicated by the DMDC.
Based on a review of the record, the Board finds that the RO appropriately withheld the Veteran’s VA compensation benefits for the periods in question for FYs 2008, 2009, and 2010, during which periods he was in receipt of military drill pay.  Accordingly, the reduction in the VA disability compensation benefits to offset the concurrent receipt of active service drill pay for a period of 61 days in FY 2008; 46 days in FY 2009; and 14 days in FY 2010, was proper.
 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Connolly, Counsel