Citation Nr: A20007321 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 191017-38026 DATE: April 30, 2020 ORDER The reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of military service drill pay for Fiscal Year (FY) 2018 was proper, and the appeal is denied. FINDINGS OF FACT 1. The Veteran received military drill pay for a period of 167 days in FY 2018. 2. The Veteran’s VA disability compensation was properly reduced for concurrent receipt of military service drill pay for a period of 167 days in FY 2018. CONCLUSION OF LAW The reduction in the VA disability compensation benefits to offset the concurrent receipt of active service drill pay for concurrent receipt of active service drill pay for a period of 167 days in FY 2018 was proper. 38 U.S.C. §§ 5107, 5304(c); 38 C.F.R. §§ 3.654, 3.700. REASONS AND BASES FOR FINDINGS AND CONCLUSION This appeal comes to the Board of Veterans’ Appeals (Board) from a September 2019 decision of the Agency of Original Jurisdiction (AOJ). Subsequently, also in September 2019, the Veteran timely appealed this decision to the Board of Veterans’ Appeals (Board) and the Veteran then elected Direct Review by Veteran Law Judge. See September 2019 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). As relevant to this appeal, 38 U.S.C. § 5304 (c) 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. This includes active duty pay, drill, and active duty for training payments, and inactive duty training payments made to Reservists and members of the National Guard. Id. Reservists may waive their pension, compensation, or retirement pay for periods of field training, instruction, other duty, or drills. A waiver may include prospective periods and contain a right of recoupment for the days for which the reservist did not receive payment for duty by reason of failure to report for duty. 38 C.F.R. § 3.700 (a)(1)(iii). The Veteran served in the Army from September 14, 2000 to July 1, 2006; from August 23, 2007 to October 1, 2008; from June 6, 2009 to July 12, 2010; and from July 23, 2014 to September 3, 2015; with subsequent periods of National Guard service including drill periods. In June 2019, the AOJ informed the Veteran that VA received information from the Defense Manpower Data Center (DMDC) that he received military drill pay concurrently while receiving VA benefits. He was provided a VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances. He was told that based on this information, VA would take steps to make a retroactive adjustment for the days he was receiving drill pay. In this case, 167 days during FY 2018. He was told that he had the right to complete the appropriate sections of the VA Form 21-8951, and indicate to VA that he disputed the number of days listed in the VA Form 21-8951 for which he performed drills. He was provided 60 days from the date of the letter to provide that information to VA. The form provides a place for the Veteran to indicate the number of drill days served, and for him to sign this form, secure the signature of his unit commander or designee, and return the completed form to VA. The Veteran did not subsequently furnish this form. Thereafter, in September 2019, the Veteran was informed that the AOJ had taken this action. Although the Veteran generally maintains that he did not serve 167 days in FY 2018, he has not furnished the requested information or any other evidence to substantiate that assertion. The Board notes that to the extent that the Veteran believes that he has been overcharged because his overpayment is $13,244.60, that is not the amount of his overpayment at issue in this appeal. The overpayment for the concurrent pay of VA compensation and drill dates in FY 2018 resulted in an overpayment of $8,720.07. However, the Veteran had a prior overpayment for the concurrent pay of VA compensation and drill dates in FY 2017 which resulted in an overpayment of $6,036.53. The two overpayments combined equals $13,244.60. Thus, that is how that amount was derived, and does not reflect only the debt at issue on appeal from FY 2018. Based on a review of the record, the Board finds that the AOJ appropriately withheld the Veteran’s VA compensation benefits for 167 drill days in FY 2018. Accordingly, the reduction in the VA disability compensation benefits to offset the concurrent receipt of military drill pay was proper. The appeal is therefore, denied. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals J. Connolly, Attorney for the Board J. Connolly, 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.