Citation Nr: 19190843
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 18-36 373
DATE: December 3, 2019

REMANDED

The propriety of the reduction in Department of Veterans Affairs (VA) disability compensation for the purpose of recouping military drill pay for 37 days during Fiscal Year (FY) 2016 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1992 to October 1992, January 2003 to March 2004, and May 2009 to March 2010.

The Veteran disputes the propriety of the reduction of his VA disability benefits to offset the concurrent receipt of active service drill pay during FY 2016.  In his July 2019 Statement in Support of Claim, the Veteran requested an audit.  He also stated that he retired from the National Guard on March 30, 2016 and only drilled 20 days.  On July 19, 2019, VA prepared an audit of the Veteran’s account.  In a September 2019 Notification Letter, VA noted that it received a July 2019 Audit Response Notice in support of the Veteran’s appeal.  The letter stated that the evidence was not previously considered in a decision by the agency of original jurisdiction (AOJ).  The letter informed the Veteran that he had the right to have the AOJ review the evidence.  In an October 2019 Correspondence, the Veteran requested that his case be remanded to the AOJ for review of additional evidence.  In accordance with the Veteran’s request, the Board will remand the Veteran’s claim to the AOJ for consideration of the evidence in the first instance.

The matters are REMANDED for the following action:

Conduct any necessary development deemed necessary and readjudicate the issue on appeal.  If the benefit sought on appeal remains denied, furnish the Veteran and his representative a Supplemental Statement of the Case and afford them the opportunity to respond before the file is returned to the Board for further consideration.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Moore

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.