Citation Nr: 18106911
Decision Date: 06/01/18	Archive Date: 05/31/18

DOCKET NO. 14-20 030A
DATE:	June 1, 2018
REMANDED
The issue of entitlement to an effective date earlier than June 23, 2008 for the award of service connection for generalized epilepsy is remanded.
The issue of whether the Veteran received severance pay upon discharge from service is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 1989 to June 1992.  
These matters come before the Board of Veterans’ Appeals (Board) from November 2011 and December 2011 decisions of a Department of Veterans Affairs (VA) Regional Office (RO).
The issues on appeal must be remanded as there is a question as to whether the claims file before the Board is complete.
The Veteran contends that he filed a claim for service connection for epilepsy in June 1992.  He has submitted a copy of a VA Form 21-526 that he purportedly filed in June 1992 with the Atlanta, Georgia RO in 1992.  The record before the Board does not show prior receipt of such a claim by VA and the record does not contain any entries prior to the June 2008 claim received by the Montgomery, Alabama, RO.  However, there is an indication that the Veteran’s claims folder was previously located at the Atlanta, Georgia RO.  On remand, the AOJ must contact the Atlanta RO and request that they search for any additional records pertaining to the Veteran, to include a separate claims file, if such exists.
The record contains conflicting information as to whether the Veteran actually received his severance pay when he separated from service in June 1992.  A May 1992 Army Orders form indicates that the Veteran was authorized disability severance pay in pay grade E-4, rating of 20 percent, for two years, seven months and 23 days of active service.  The Veteran’s DD Form 214 indicates that he was to receive $6,154.20 in severance pay.  However, a letter from the Defense Finance and Accounting Service (DFAS) dated in August 2008 noted that no payment of special separation pay had been found in the Veteran’s pay record.  
While a VA Form 21-526 completed by the Veteran in July 2008 shows he noted that he had received or would receive military disability severance pay in the amount of $6,154.30; he has subsequently claimed that he never received such severance pay and that VA’s recoupment of such severance pay from his VA disability award was not proper.  
The record before the Board does not contain any financial records detailing any severance payments to the Veteran.  On remand, an audit must be prepared showing the dates and amounts of military severance paid to the Veteran.  The RO should also contact the Defense Finance and Accounting Service (DFAS) for relevant information regarding the payments, if any, of the Veteran’s severance pay in the amount in question.
The matters are REMANDED for the following action:
1. Contact the Atlanta RO and request any additional records pertaining to the Veteran, to include a separate claims file if such exists.  Associate any additional records/claims files with the existing electronic claims file of the Veteran.  
2. Take appropriate steps to ensure that the record contains financial records detailing any military severance payments to the Veteran, to include requesting verification from DFAS or other appropriate entity to determine whether the Veteran was paid military disability severance pay in the amount of $6,154.30.  Then, prepare an audit or formal finding showing the dates and amounts of military severance paid to the Veteran, if any.
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. G. Mazzucchelli, Counsel