Citation Nr: 18160246 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 16-35 176A DATE: December 26, 2018 ORDER The termination of Department of Veterans Affairs (VA) compensation benefits during the Veteran’s period of active duty from February 1, 2010 through May 30, 2011, was proper; the appeal is denied. FINDINGS OF FACT 1. An April 2010 rating decision granted compensable service-connected benefits from October 31, 2009. 2. The Veteran was on active duty from February 1, 2010 through May 30, 2011. 3. The Veteran received both active duty pay and VA compensation for the period of February 1, 2010 through May 30, 2011. CONCLUSION OF LAW The termination of Department of Veterans Affairs (VA) compensation benefits during the Veteran’s period of active duty from February 1, 2010 through May 30, 2011, was proper. 38 U.S.C. § 5304(c); 38 C.F.R. §§ 3.654, 3.700. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from September 5, 1986 to September 4, 1988; from September 5, 1997 to May 9, 1998; from February 7, 2003 to May 16, 2004; and from June 20, 2004 to October 30, 2009. An April 2010 rating decision granted compensable service-connected benefits from October 31, 2009, the day after the Veteran separated from active duty. Subsequently, in pertinent part, the Veteran served on another period of active duty, from February 1, 2010 through May 30, 2011, as verified on her DD Form 214. During that period of active duty, the Veteran received both active duty pay and VA compensation pay. 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 training payments made to Reservists and members of the National Guard. Reservists may waive their pension, compensation, or retirement pay for periods of field training, instruction, other duty, or drills. (Continued on the next page)   Because pertinent law and regulation prohibits payment of both active duty and VA compensation pay, the appeal is denied. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Connolly, Counsel