Citation Nr: 20046486
Decision Date: 07/13/20	Archive Date: 07/13/20

DOCKET NO. 19-19 092
DATE: July 13, 2020

REMANDED

The issue of validity of the debt in the amount of $3,312.61 due to a retroactive reduction for 57 days of drill pay in Fiscal Year (FY) 2015 is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty from July 1985 to September 1988, November 1990 to May 1991, and December 2001 to January 2006 with additional service in the National Guard. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2016 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

1. The issue of validity of the debt in the amount of $3,312.61 due to a retroactive reduction for 57 days of drill pay in FY 2015 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. 

Primarily, the proposal to retroactively adjust the Veteran’s benefits refers to notice by Defense Manpower Data Center (DMDC) about the Veteran’s 57 days of drill pay received in FY 2015; however, evidence of this notice and the active service pay is not of record. The Veteran points out that she retired in June 2015 and states that she did not receive drill pay during October 1, 2015 to November 28, 2015. See October 2016 Notice of Disagreement; see also October 2016 Military Personnel Record. While it does indeed support that she did not drill during FY 2016, which began on October 1, 2015, the Veteran’s statements do not address her drill for FY 2015. The Board notes that the Veteran was twice offered an opportunity to provide the information of her drill days in FY 2015 by provision of a VA Form 21-8951, but she did not respond. See June 2016 Proposal to Reduce; May 2019 Statement of the Case. Therefore, remand for DFAS records and to offer the Veteran another opportunity to provide a VA form 21-8951 in order to resolve this issue is required. 

The matters are REMANDED for the following action:

1. Please note that, by law, ALL remanded claims must be processed expeditiously.

2. Provide the Veteran with another opportunity to submit a VA Form 21-8951. 

3. Obtain DFAS pay history for Fiscal Year 2015.  Obtain and associate with the file the notice from DMDC that the Veteran was in receipt of drill pay. Document all requests for information as well as all responses in the claims file.

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4. Obtain and associate with the file the Veteran’s Reserves personnel record, including the Veteran’s chronological statement of retirement points (DA Form 5016) and correction of retirement points, if available. Document all requests for information as well as all responses in the claims file.

 

 

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.