Citation Nr: 21065829 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 19-33 920 DATE: October 27, 2021 ORDER The reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of military service drill pay for 24 days in Fiscal Year (FY) 2015 was proper; the appeal is denied. FINDINGS OF FACT 1. The Veteran received military drill pay for a period of 24 days in FY 2015. 2. The Veteran's VA disability compensation was properly reduced for concurrent receipt of military service drill pay for a period of 24 days in FY 2015. CONCLUSION OF LAW The reduction in the VA disability compensation benefits to offset the concurrent receipt of active service drill pay for a period of 24 days in FY 2015 was proper. 38 U.S.C. §§ 5107, 5304(c); 38 C.F.R. §§ 3.654, 3.700. REASONS AND BASES FOR FINDINGS AND CONCLUSION 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 U.S. Air Force from October 20, 1989 to October 19, 1992 and the U.S. Army from October 10, 2006 to January 19, 2008, with subsequent periods of National Guard service including drill periods. In June 2016, the VA Agency of Original Jurisdiction (AOJ) notified the Veteran that the AOJ planned to retroactively adjust his compensation benefits from October 1, 2015, based on 24 drill days completed. This adjustment was based on the amount of compensation he was receiving at the end of FY 2015 which ended September 30, 2015. He was advised that if the proposed adjustment became final it would result in a debt and he would be notified of the debt in a separate letter. The Veteran was told that the AOJ enclosed a VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances. He was informed 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 drill. If he indicated on the VA Form 21-8951 that he disputed either the number of days that he performed drill, or the days that he received military pay, he had 60 days from the date of the letter to provide that information to VA. The information in that form (as furnished by the Defense Manpower Data Center (DMDC)) indicated that the Veteran had 24 days of drill pay. 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. In a September 2016 letter, the AOJ stated that in the June 24, 2016 letter, the AOJ proposed to create a debt because the Veteran received Military Drill Pay for 2015 and that AOJ had decided to adjust the Veteran's benefits as proposed. The Veteran was told that the AOJ adjusted his compensation benefits from October 1, 2015 to October 25, 2015, based on 24 drill days completed. This adjustment was based on the amount of compensation he received at the end of FY 2015 which ended September 30, 2015. The change in the amount of benefits based on this decision resulted in a debt of $1,420.38 and he would be notified via a separate letter which would explain matters concerning the debt. In June 2017, the Veteran furnished the VA Form 21-8951, indicating he had served 6 days, although he wrote this occurred in FY 2016. He did not secure the signature of his unit commander or designee. The Veteran has indicated that he no longer has a commanding officer and furnished information of the number of retirement points he had accrued as of September 29, 2015. The Board notes that the Veteran did not verify his drill days as he was instructed and as outlined above in order to dispute the number of days indicated by the DMDC. The Board finds that the AOJ appropriately withheld the Veteran's VA compensation benefits for 24 drill days in FY 2015. 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 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.