Citation Nr: 18150925
Decision Date: 11/16/18	Archive Date: 11/15/18

DOCKET NO. 15-10 252A
DATE:	November 16, 2018
REMANDED
Whether the withholding of service-connected compensation benefits to recoup for drill pay days for fiscal years 2009-2012 was proper, is remanded.
REASONS FOR REMAND
In a January 2014 letter, the Agency of Original Jurisdiction (AOJ) informed the Veteran that VA was terminating her benefits from March 16, 2009 through March 31, 2010 due to active duty service and reducing her benefits because she received Military Drill Pay for fiscal year 2009-2012.  To make this adjustment, VA reduced the VA compensation by $376 per month from February 1, 2014 to June 18, 2014 and $389 per month from June 18, 2014 to August 11, 2014.
The Veteran appealed this action and requested an audit which was thereafter was completed and is dated in April 2015.  This audit provided a paid and due chart, but no specific explanation.  It indicated that the resulting overpayment was $4,252.07.  Despite the audit, the Veteran was not issued a supplemental statement of the case even though the Veteran also questioned certain parts of the audit.  She asserted that excessive funds were recouped including a December 2008 education debt as well as November 2010 education benefit payment of $2,846.67 which she contends were not subject to recoupment.  She requested an explanation of the paid and due audit.

The matter is REMANDED for the following action:
Provide the Veteran with a supplemental statement of the case as to the issue on appeal, including a full explanation of the April 2015 audit.  This explanation should include addressing whether excessive funds were recouped including a December 2008 education debt as well as November 2010 education benefit payment of $2,846.67 which the Veteran contends were not subject to recoupment.

 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Connolly, Counsel