Citation Nr: 21075550 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 17-56 129 DATE: December 20, 2021 ORDER The reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of military service drill pay for Fiscal Year 2015 was proper; the appeal is denied. FINDINGS OF FACT 1. The Veteran received military drill pay for a period of 37 days in Fiscal Year 2015. 2. The Veteran's VA disability compensation was properly reduced for concurrent receipt of military service drill pay for a period of 37 days in Fiscal Year 2015. CONCLUSION OF LAW The reduction in the VA disability compensation benefits to offset the concurrent receipt of active service drill pay for concurrent receipt of active service drill pay for a period of 37 days in Fiscal Year 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 The Veteran had active service from September 2003 to September 2006 and from March 2012 to September 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2016 notification letter from the Department of Veterans Affairs (VA) Regional Office (RO), stating the Veteran's compensation benefits were retroactively adjusted based on 37 drills days completed in Fiscal Year 2015. The Veteran was notified in a September 2016 letter from the Debt Management Center (DMC) that this action resulted in an overpayment in the calculated amount of $324.65. 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 for 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. Army from September 2003 to September 2006 and from March 2012 to September 2012, with subsequent periods of National Guard service, including drill periods. In June 2016, the AOJ informed the Veteran that VA received information from the Defense Manpower Data Center (DMDC) that he received military drill pay concurrently while receiving VA benefits. He was provided a VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances. He was told that based on this information, VA would take steps to make a retroactive adjustment for the days he was receiving drill pay; in this case, 37 days during Fiscal Year 2015. He was told that he had the right to complete the appropriate sections of the VA Form 21-8951, and indicate to VA that he disputes the number of days listed in the VA Form 21-8951 for which he performed drill. He was provided 60 days from the date of the letter to provide that information to VA. 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. The Veteran did not subsequently furnish this form. Thereafter, in September 2016, the Veteran was informed that the RO had taken this action. Here, the Board notes that the Veteran has not disputed the number of drill days he served, nor has he showed any administrative error in this regard. Rather, he has stated he did not select the effective date of his award for service connection, and that he was sent his benefits without further information, so he was unaware he would be receiving concurrent payments. See October 2016 notice of disagreement. The Board acknowledges the Veteran's statement but finds the June 2016 letter accompanying the VA Form 21-8951 put him on notice of the possibility of an overpayment. Regardless, he was not entitled to both payments. Based on a review of the record, the Board finds that the RO appropriately withheld the Veteran's VA compensation benefits for 37 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. 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.