Citation Nr: 21066834 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 18-23 245 DATE: November 2, 2021 REMANDED Whether the overpayment of VA compensation benefits based on concurrent receipt of 67 days of drill pay in fiscal year (FY) 2016 in the calculated amount of $1,098.24 is valid. REASONS FOR REMAND The Veteran served on active duty from October 2012 to January 2013, from July 2016 to August 2016, and from April 2017 to September 2017. The case is on appeal from an August 2017 decision. A Board hearing disposition form notes that the requested Board hearing was cancelled. There is no indication in the claims file as to why the Veteran cancelled the Board hearing, or a subsequent request for a hearing. As such, the Veteran's hearing request is deemed withdrawn. Whether the overpayment of VA compensation benefits based on concurrent receipt of 67 days of drill pay in FY 2016 in the calculated amount of $1,098.24 is valid. In May 2017, VA received information from the Defense Manpower Data Center (DMDC) showing that the Veteran had 67 training days in FY 2016. See May 2017 VA 21-8951. The Board notes that 38 U.S.C. § 5304(c) prohibits the receipt of VA disability compensation benefits for any period for which the person receives drill day payments. See 38 C.F.R. §§ 3.654, 3.700. In August 2017, the RO notified the Veteran that the action proposed in May 2017 had been undertaken to retroactively reduce his compensation benefits by $491.75 per month, from December 2, 2015 to February 9, 2016, based on 67 drill days in FY 2016. The total amount of the overpayment was noted to be $1,098.24. Although the Veteran has not disputed the creation of the overpayment, he maintains that the total amount withheld was more than it should have been because the calculation was based on the incorrect amount of compensation benefits and/or that he essentially paid twice for the same drill days from July 2015 to February 2017, noting he is owed $380.67. See August 2017 Notice of Disagreement (NOD). The Board notes that FY 2016 is on appeal. Further, in March 2018, the Veteran's representative asserted that approximately $71.70 was withheld in error based on a review of the Veteran's payment history in the SHARE database, noting the Veteran's request for an accounting of his payment history. See March 2018 VA 21-4138 Statement in Support of Claim. Although the May 2018 supplemental statement of the case (SSOC) reflects the amounts withheld and the remaining balance, the Board finds that in order to clarify the debt for the Veteran, an accounting should be undertaken to set forth the total amounts he was paid for 67 drill days in FY 2016. The Board notes that the September 2021 submission from the Veteran's representative requests that the appeal be remanded, noting the record is devoid of any records upon which to advocate for the Veteran. However, no specifics were provided. As reflected above, the August 2017 decision on appeal is associated with the file, as well as the Veteran's NOD and substantive appeal, along with an SSOC. Nonetheless, as the matter is being remanded for the reasons above, on remand, the Veteran and his representative will have an opportunity to articulate the reason for any perceived deficiency in the record. In addition, the RO will have an opportunity to consider the evidence associated with the claims file since the issuance of the May 2018 SSOC. (Continued on the next page) The matter is REMANDED for the following action: Provide the Veteran with an accounting of all drill pay received in FY 2016 and to determine his overpayment arising from his concurrent receipt of VA disability compensation benefits and drill pay in FY 2016 and addressing the Veteran's contentions as to VA error in the total amount withheld and duplicate payments. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Taylor 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.