Citation Nr: 18155546 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 16-46 373 DATE: December 4, 2018 ORDER The offset of disability compensation benefits for 19 days due to receipt of military drill pay for Fiscal Year 2009 was proper. FINDING OF FACT The Veteran’s VA disability compensation benefits were properly offset for 19 days due to receipt of military drill pay for fiscal year 2009. CONCLUSION OF LAW The offset of 19 days of VA disability compensation benefits due to receipt of military drill pay for fiscal year 2009 was proper. 38 U.S.C. §§ 5107, 5304(c) (2012); 38 C.F.R. §§ 3.654, 3.700 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 2001 to May 2006. He has additional service in the US Army Reserves. 1. Reduction of VA compensation benefits due to military drill pay. The law prohibits the receipt of VA disability compensation benefits for any period for which a person receives active service pay. 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. 38 U.S.C. § 5304(c) (2012); 38 C.F.R. §§ 3.654, 3.700 (2018). Reservists or members of the National Guard may waive their VA disability compensation 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 was sent several letters, some returned due to an incorrect address, which included a VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances, reflecting that he served 19 training days in fiscal year 2009. The form notified him that active or inactive duty training pay could not legally be paid concurrently with VA disability compensation, and that he could elect to keep the training pay and waive his VA benefits for the days when he was paid training pay. In an October 2011 decision the Veteran was informed that his benefits were to be reduced to account for the 19 days of military drill pay he received in 2009. The Veteran filed a notice of disagreement to this decision noting he disagreed with the number of training days for fiscal year 2009. He was provided with a statement of the case and subsequently filed a VA Form 9. The Veteran disagrees with the number of drill pay dates in 2009. In a November 2012 statement he stated that he did not show up for 10 days out of the noted 19 days. In his September 2016 substantive appeal, he reported that he had only shown up for 1 day and not 19 days. Based on a review of the available record, the Board finds that recoupment of the Veteran’s VA compensation to account for his receipt of 19 days of military drill pay during fiscal year 2009 was warranted. The Board has considered the Veteran’s conflicting contentions to the effect that he did not receive 19 days of drill pay in 2009. However, the Veteran has not provided the necessary documentation to show that the information is incorrect. Information from the Defense Manpower Data Center (DMDC) reflects that he received training pay for 19 days in fiscal year 2009. The Veteran received duplicate payments of government benefits which he knew or should have known were not authorized by law. The Board is without authority to authorize the simultaneous receipt of active duty pay and VA compensation benefits. In a case where the law is dispositive of the claim, the claim should be denied because of lack of entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). Therefore, as there is no basis in the law to grant the Veteran’s appeal, it must be denied. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A.M. Clark, Counsel