Citation Nr: 21069944
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-56 330
DATE: November 22, 2021

REMANDED

Whether the decision to withhold VA compensation benefits in order to recoup 93 days of drill pay received in fiscal year 2016 was proper is remanded.

REASONS FOR REMAND

The Veteran had various periods of active service, including from July 2004 to September 2004, from June 2007 to November 2007, from October 2008 to February 2009, and from February 2009 to March 2010.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 administrative decision by the Department of Veterans Affairs (VA) Regional Office (RO).  It was remanded by the Board in October 2019 for further development.

Whether the decision to withhold VA compensation benefits in order to recoup 93 days of drill pay received in fiscal year 2016 was proper is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding this issue.  Specifically, the October 2019 Board remand directed that the Defense Manpower Data Center (DMC) or other Federal records repository provide a complete statement of the Veteran's dates of active service for fiscal year 2016.  This action does not appear to have been completed; therefore, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The matter is REMANDED for the following action:

1. Contact the Defense Manpower Data Center (DMDC) or other appropriate Federal records repository and request a complete statement of the Veteran's dates of active service, to include training days and/or drill pay days, for fiscal year 2016. 

2. Send the Veteran notice that he may submit evidence that confirms the number of days he received military training pay in 2016. 

3. Thereafter, prepare an audit of the Veteran's VA compensation account during the fiscal year 2016 with consideration of any confirmed training days.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.