Citation Nr: 20006296 Decision Date: 01/24/20 Archive Date: 01/24/20 DOCKET NO. 19-34 432 DATE: January 24, 2020 REMANDED The issue of whether an overpayment of VA benefits was validly created when the Veteran received VA compensation concurrently with military drill during fiscal year (FY) 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2000 to December 2003 and March 2009 to April 2010. The Veteran challenges the validity of an overpayment created when he received VA disability compensation benefits concurrently with military drill pay during FY 2016. The law 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. In May 2017, VA mailed Form 21-8951, “Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances” to the Veteran. The form indicated that the Veteran had received 16 days of military drill pay in FY 2016. An October 2017 Notification Letter finalized the decision and reduced the Veteran’s VA compensation benefits. The reduction created an overpayment. In his September 2018 Notice of Disagreement (NOD), the Veteran stated that he was honorably discharged from the Army Reserves on January 25, 2016. He further stated during FY 2016, he only drilled January 16 and 17, 2016 and did not received VA compensation benefits until January 19, 2016. Therefore, he did not receive military drill pay concurrently with compensation benefits. To support his claims, he submitted his discharge orders which documented a January 25, 2016 discharge date. In a February 2019 letter, VA asked the Veteran to provide a statement signed by his unit commander indicating all of his drill days for FY 2016. In his October 2019 Form 9 (Substantive Appeal), the Veteran stated that he attempted to contact his previous unit but was unable to get a copy of his drill days for FY 2016. The Board finds that a remand is necessary to obtain information to confirm the Veteran’s drill pay days for FY 2016. The matters are REMANDED for the following action: 1. Contact the (Defense Manpower Data Center) DMDC or other appropriate Federal records repository and request a complete statement of the Veteran’s dates of active service, to include training days and/or drill pay days, for FY 2016. A copy of any request(s) sent to the DMDC or other appropriate Federal records repository, and any response, to include any records obtained, should be included in the claims file. The Veteran should be afforded the opportunity to submit evidence that confirms his 2016 drill pay days. 2. Thereafter, prepare an audit of the Veteran’s VA compensation account for FY 2016 with consideration of the confirmed training days. The audit report must be associated with the claims folder, and a copy must be sent to the Veteran. 3. Then, 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 (SSOC) and allow them an opportunity to respond. 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.