Citation Nr: 20007833 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 18-31 884 DATE: January 30, 2020 REMANDED The issue of validity of debt in the amount of $4,056.57 due to reduction in Department of Veterans Affairs (VA) disability compensation for concurrent receipt of military service drill pay for Fiscal Years (FYs) 2006 through 2010 and 2013 is remanded. REFERRED The issues of validity of debts due to reduction in VA disability compensation for concurrent receipt of military service drill pay for FYs 2004, 2005, and 2014; concurrent receipt of active duty service pay during his December 2008 to January 2010 service period; and concurrent receipt of active duty service pay during his May 2011 to July 2012 service period were raised in a June 12, 2018 statement and are referred to the Agency of Original Jurisdiction (AOJ) for adjudication. The AOJ is reminded that informal disputes of validity of debt do not have a time limit. 38 C.F.R. § 1.911(c). REASONS FOR REMAND The Veteran honorably served on active duty from September 1998 to September 2002, December 2008 to January 2010, May 2011 to July 2012, and August 2014 to October 2019. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO). 1. The issue of validity of debt in the amount of $4,056.57 due to reduction in VA disability compensation for concurrent receipt of military service drill pay for FYs 2006 through 2010 and 2013 is remanded Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete and accurate record upon which to decide the Veteran’s claim so that every possible consideration is afforded. In this case, the Veteran has asked that VA obtain and provide him with evidence of the transactions and amounts he has been paid since after his first discharge in September 2002. This information would be helpful in determining the validity of the debt because the audit results have significant internal inconsistencies. For example, the audit results indicate that $4,056.57 is the correct amount of debt due to reduction for drill pay during FYs 2006-2010 and 2013, see April 2018 Audit Results, table 6; however, the total amounts withheld as of March 2018 for these same debts is $4,112.87. See id., table 3. Further, the individual FY debts appear to contain errors. For example, an adjustment for 21 days of drill pay when the Veteran was receiving $243.00 a month in benefits came to an amount withheld of $753.30. See id. Accordingly, a remand to obtain a list, log, or other form of evidence of transactions of VA benefits is required. After that, the AOJ should perform another audit to determine the correct amounts. The matters are REMANDED for the following action: 1. Please note that, by law, ALL remanded claims must be processed expeditiously. 2. Obtain the Veteran’s first demand letter or other Debt Management Center (DMC) notices related to the debts perfected on appeal. 3. Obtain evidence of the VA benefit transactions/disbursements to the Veteran since October 2002. Provide the Veteran with a copy. 4. Provide another audit of the Veteran’s account considering the new evidence. The audit should explain any details of recoupment or withholding of VA compensation benefits for all his debts on appeal to address the Veteran’s reports of excessive withholding greater than his debt amounts. [CONTINUED ON NEXT PAGE] Thereafter, issue a notification letter to the Veteran that provides an explanation of the overpayment debt assessed due to reduction in VA disability compensation for concurrent receipt of military service drill pay for FYs 2006 through 2010 and 2013 and whether such debt includes any withholding or recoupment of compensation benefits to offset any prior or subsequent debt (including reductions in VA disability compensation for concurrent receipt of military service drill pay for FYs 2004, 2005, and 2014; concurrent receipt of active duty service pay during his December 2008 to January 2010 service period; and concurrent receipt of active duty service pay during his May 2011 to July 2012 service period). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Lambert 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.