Citation Nr: A21020259 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 190923-36592 DATE: December 20, 2021 ORDER The appeal as to whether adjustment of VA disability compensation based on drill pay for Fiscal Year (FY) 2017 was proper is dismissed. FINDING OF FACT A properly completed VA Form 10182, Decision Review Request: Board Appeal Notice of Disagreement has not been submitted and an appeal is not before the Board at this time. CONCLUSION OF LAW The Board lacks jurisdiction over the Veteran's appeal. 38 U.S.C. § 7105; 38 C.F.R. § 20.202 (f), (g). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service to include the period from December 2013 to February 2017. The decision on appeal was issued after February 19, 2019, thus the modernized review system, also known as the Appeals Modernization Act (AMA), applies. The Veteran attempted to file a Notice of Disagreement in September 2019 and requested direct review of the evidence considered by the Agency of Original Jurisdiction (AOJ). Whether adjustment of VA disability compensation based on drill pay for FY 2017 was proper. Under the AMA, an appeal of a decision by the AOJ consists of a notice of disagreement submitted to the Board in accordance with the provisions of 38 C.F.R. §§ 20.202-20.204. A Notice of Disagreement must be properly completed on a form prescribed by the Secretary. If the agency of original jurisdiction decision addressed several issues, the Notice of Disagreement must identify the specific decision and issue or issues therein with which the claimant disagrees. The term issue means an adjudication of a specific entitlement as described in 38 C.F.R. § 3.151 (c). The Board will construe such arguments in a liberal manner for purposes of determining whether they raise issues on appeal, but the Board may dismiss any appeal which fails to identify the specific decision and issue or issues therein with which the claimant disagrees. 38 C.F.R. § 20.202 (a). If within one year after mailing an adverse decision the Board receives a Notice of Disagreement completed on the form prescribed by the Secretary, but the Board cannot identify which denied issue or issues the claimant wants to appeal or which option the claimant intends to select under paragraph (b) of this section, then the Board will contact the claimant to request clarification of the claimant's intent. 38 C.F.R. § 20.202 (f). The claimant must respond to the Board's request for clarification within 60 days of the Board's clarification request or one year after the date of mailing of notice of the adverse decision being appealed. If the claimant fails to provide a timely response, the previous communication from the claimant will not be considered a Notice of Disagreement as to any claim for which clarification was requested. The Board will not consider the claimant to have appealed the decision on any claim as to which clarification was requested and not received. 38 C.F.R. § 20.202 (g). In a decision in June 2019 VA reduced VA compensation benefits due to the Veteran's concurrent receipt of drill pay in FY 2017. In a decision on September 6, 2019 VA reduced VA disability compensation due to military pay for FY 2018. On September 23, 2019 the Veteran filed Decision Review Request: Board Appeal Notice of Disagreement, VA Form 10182, stating that she paid for drills during 2017 even though she was on active duty the entire year. She also stated that she made a payment during the month of September 2019. In October 2019 the Veteran's representative stated that the issue on appeal was adjustment of VA disability compensation based on drill pay for FY 2018. Thus it is unclear which issue the Veteran was appealing. The Board has sent multiple letters attempting to clarify with the Veteran the issue she was appealing, including in March 2020 and August 2020. In April 2021 the Board again sent a letter to the Veteran asking that the Veteran clarify the issues she was appealing. In May 2021 the Veteran replied that she wished to pursue the issue or issues in her appeal but she did not identify the issues that she was appealing. Lastly in September 2021 the Board sent one more letter to the Veteran asking that she clarify whether she was appealing the overpayment for FY 2017 or FY 2018. She was asked to reply within 60 days. To date the Veteran has not replied. Because the Board has not received a response to the September 2021 request for clarification, the Veteran's September 2019 VA Form 10182 cannot be considered a proper Notice of Disagreement and thus the Board has no jurisdiction to review the matter and it is dismissed. 38 C.F.R. § 20.202 (f), (g). Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mac, 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.