Citation Nr: 20021661 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 18-06 512 DATE: March 26, 2020 REMANDED Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) benefits due to receipt of fiscal year 2013 military drill pay, in the amount of $810, to include whether the overpayment was properly created, is remanded. REASONS FOR REMAND The Veteran had active service with the Marine Corps from June 2007 to March 2008 and May 2011 to February 2012, with additional periods of service in the Marine Corps Reserves. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a July 2015 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran has requested an audit be performed on his account and that his drill pay records be obtained for verification of VA compensation concurrently with military drill pay in 2013. In a July 2015 letter, the RO notified the Veteran that they were informed by the Defense Manpower Data Center (DMDC) that the Veteran received 17 days of military drill pay in 2013. As stated in the letter, the RO then planed on reducing the Veterans benefits by $810 on October 1, 2015, to account for the duel pay status. The RO again sent a letter to the Veteran in February 2016 detailing the fact that they had not been able to adjust the October 1, 2015, payment as proposed and detailed how they were going to adjust March 1, 2016’s payment by $810. The Veteran asserts that he paid the owed money following the first notice and is now being asked to pay something twice. The Board finds that additional development is required before the claim can be adjudicated. The Board notes initially that despite a detailed review of the Veteran's electronic claims files, the information relied upon by the RO in reducing the Veteran's VA benefits due to receiving military drill pay in 2013 has not been associated with the claims file. 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 fiscal year (FY) 2013. 2. Contact the Defense Finance and Accounting Services (DFAS), and request the Veteran’s leave and earning statements for FY 2013. A copy of any request(s) sent to the appropriate Federal records repository, and any response, to include any records obtained, should be included in the claims file. 3. Send the Veteran notice that he may submit evidence that confirms the number of days he received military training pay in 2013 and any evidence reflecting that he paid any owed amount. 4. Thereafter, prepare an audit of the Veteran’s VA compensation account since the fiscal year 2013 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. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph Montanye, Associate Counsel 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.