Citation Nr: 18149214 Decision Date: 11/09/18 Archive Date: 11/08/18 DOCKET NO. 15-33 019 DATE: November 9, 2018 ORDER The appeal challenging the propriety of withholding of Department of Veterans Affairs (VA) disability compensation in the amount of $1,591.00 for recoupment of concurrent drill pay for 12 days in fiscal year (FY) 2013 and seeking recovery of that amount is denied. [Issues of entitlement to service connection for growths and seeking increased ratings for an anxiety disorder, a right ankle disability, a back disability and a neck disability will be addressed in a separate Board decision.] FINDINGS OF FACT 1. During FY 2013 the Veteran was receiving VA disability compensation benefits during periods for which he received 12 days of drill pay. 2. A sum of $1, 591.00 was withheld from the Veteran’s May 2013 VA compensation for recoupment of the compensation he received concurrent with his 12 days of active service drill pay in FY 2013. CONCLUSION OF LAW The withholding of the Veteran’s disability compensation to recoup his concurrent receipt of 12 days of active service drill pay and VA compensation in FY 2013 was proper. 38 U.S.C. § 5304; 38 C.F.R. §§ 3.654, 3.700. REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant is a Veteran who served on active duty for training from March 1997 to September 1997 and on active duty from September 2005 to September 2009, to include service in Southwest Asia (his awards and decorations include a Combat Action Badge). Pension, compensation, or retirement pay on account of any person’s own service shall not be paid to such person for any period for which such person receives active service pay. 38 U.S.C. § 5304(c); 38 C.F.R. §§ 3.654, 3.700. VA was notified by the Defense Manpower Data Center that the Veteran completed the equivalent of 12 days of active service drill for pay purposes in FY 2013. He does not dispute that he received military pay for drill training in FY 2013. [He has indicated that he did not train for 12 days during that period, but upon being asked to provide verification of the number of such days he alleged to be correct, and instructed how to do so, did not respond.] A February 2014 VA 21-8951, notice of waiver of VA compensation or pension to receive military pay and allowances sent to the Veteran indicated that he could elect to retain the training pay he received from the service department, but would have to waive entitlement to VA compensation for an equal number of days. He was advised that future benefits would be withheld to prevent an overpayment. He did not respond. In June 2014, the Veteran was notified that his disability compensation would be reduced in September 2014 to offset for concurrent receipt of drill pay. An April 2015 notification and decision letter advised him that the withholding to offset concurrent active drill pay would be implemented in May 2015. A sum of $1,591.00 was withheld from the Veteran’s May 2015 compensation benefits. As the Veteran has not presented evidence to the contrary the Board finds the evidence of record (a notification from the Service Department) supports that he completed drill training for the equivalent of 12 days for military pay purposes during FY 2013. It is not in dispute that he received concurrent VA compensation for those periods in 2013. The governing law and regulations, cited above, prohibit such concurrent receipt of active service pay and compensation; accordingly, an overpayment was created (and required offset by a withholding of compensation, in the determined amount of concurrent payment, from May 2015 VA disability compensation. The cited law and regulations are dispositive in this matter, and the Veteran’s appeal challenging the withholding of compensation to recoup his concurrent receipt of VA compensation and military drill training pay for 12 days in FY 2013 must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). George R. Senyk Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Odya-Weis, Counsel