Citation Nr: 21069205 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 17-34 408 DATE: November 17, 2021 REMANDED The issue of whether an overpayment of Department of Veterans Affairs (VA) benefits in the amount of $8,660.30 due to the Veteran's return to active duty service, was properly created is remanded. REASONS FOR REMAND The Veteran has served on active duty in the Army National Guard from June 1985 to August 1985 and from January 1988 to April 1988. The Veteran had active duty service in the Army Reserves from June 1995 to September 1995. The Veteran had active duty service in the Army from February 2000 to August 2000, from November 2004 to July 2005, from November 2007 to December 2008, from September 2010 to March 2012, and from November 2012 to September 2014. The Veteran has served during Peacetime and the Gulf War Era. In an August 2016 Notification Letter, VA informed the Veteran of an overpayment of VA compensation based on her active duty service from September 2010 to March 2012. An August 2016 debt notification letter from the Debt Management Center informed the Veteran of an overpayment debt in the amount of $8,660.30. The Veteran asserts the amount of the overpayment debt is incorrect. Specifically, at an August 2021 Board hearing, the Veteran testified that a VA audit indicates that she received VA compensation from March 2011 to January 2012 but that her bank statements show that she received no compensation during this period. The Veteran's representative stated that a review of SHARE, a VA database, shows that the Veteran was not paid during this period. As such, the Veteran asserts that she does not owe VA the amount claimed as overpaid. The Veteran has submitted bank statements that reflect that she was not paid VA benefits from March 2011 to December 2011, and that she was paid $13 in January 2012 and $363.93 in February 2012. This directly conflicts with a May 2017 VA audit showing that she was paid $376 from March 2011 to November 2011 and $389 from December 2011 to February 2012. The audit also reflects that the Veteran was paid $958.71 in October and November 2015 and $951.71 in December 2015 and January 2016. However, the Veteran's bank statements show that she was paid $1,312.40 in October 2015 and November 2015, and $1,334.71 in December 2015 and January 2016. The Veteran asserts that she has had only one bank account for the purpose of direct deposit of her VA compensation benefits. A review of the Veteran's bank routing information on file appears to confirm that only one bank account was on file during the relevant period. As noted, the Veteran's representative has identified relevant SHARE records which would show any payments, or lack thereof, during the relevant period. As such, these records should be associated with the file on remand. Further, it appears that the amount of the overpayment debt, $8,660.30, indicated in the August 2016 debt notification letter conflicts with the August 2016 Award Print and the May 2017 audit which indicate that the overpayment amount is calculated as $8,486.56. As such, the amount of the overpayment debt remains unclear as the May 2017 audit lacks specificity to allow the Board to determine how the debt was calculated and relevant records have not been associated with the file. The Board cannot adjudicate the issue at hand until this error is corrected. The matters are REMANDED for the following action: Any documentation or explanation concerning the calculation of the Veteran's overpayment debt should be obtained from the VA Debt Management Center and/or other appropriate entity, to include: (a.) SHARE screen shots for the period from September 2010 until the date the overpayment debt was fully recouped showing the date of payment of the Veteran's VA compensation benefits, the amount of payment, and bank routing information to the extent possible. If such records are unavailable, the Veteran's claims file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). (b.) a written paid and due audit of the Veteran's account since the return to active duty in September 2010 until the date the overpayment debt was fully recouped. This audit should reflect, in clear language, on a month-by-month basis, the amounts actually paid to the Veteran, as well as the amounts properly due. The RO should consider the bank statements submitted by the Veteran showing that she did not receive VA compensation, or did not receive full VA compensation from March 2011 to January 2012, and showing that she was paid $1,312.40 in October 2015 and November 2015, and $1,334.71 in December 2015 and January 2016. (c.) the amount of the overpayment that has been repaid by the Veteran. A copy of the written audit should be added to the claims file and another provided to the Veteran and her representative. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Bynum, Associate 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.