Citation Nr: 21069067
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-39 157
DATE: November 17, 2021

REMANDED

Entitlement to waiver of a reduction in VA compensation benefits due to concurrent receipt of drill pay in Fiscal Year 2012 is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1973 to June 1982, from May 2006 to July 2007, and from January 2009 to February 2010.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 notification letter, reducing the Veteran's VA compensation benefits to prevent an overpayment due to receipt of drill pay.  It was before the Board in September 2019 and April 2021, when it was remanded for further development. 

Entitlement to waiver of a reduction in VA compensation benefits due to concurrent receipt of drill pay in Fiscal Year 2012 is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding this issue.  As noted in the Veteran's representative's October 2021 brief, there is still no evidence that the Veteran's request for a waiver of recovery of the overpayment amount has been referred to the Committee on Waivers and Compromises (Committee).  

The Board notes that the issue on appeal was previously characterized as whether the reduction in benefits was valid.  See June 2018 Statement of the Case.  However, the Veteran's contention has specifically been that repayment of the debt would cause him undue hardship.  See November 2015 Notice of Disagreement and July 2018 Substantive Appeal.  Therefore, the appeal pertains to the issue of a waiver of recovery of the indebtedness amount as these statements indicate that the benefit the Veteran sought was to not pay the debt.  As the Committee has not yet made a decision on the request for a waiver, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The matter is REMANDED for the following action:

1. Refer the Veteran's request for a waiver of recovery of the overpayment to the Committee on Waivers and Compromises for adjudication.

2. The Committee should review the record and adjudicate the claim.  If the matter is denied, an appropriate supplemental statement of the case must be issued, and the Veteran and his representative must be afforded an opportunity to respond.  The case should then be returned to the Board, if in order, for further appellate review.

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dean, 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.