Citation Nr: 21008388
Decision Date: 02/16/21	Archive Date: 02/16/21

DOCKET NO. 18-03 569
DATE: February 16, 2021

REMANDED

The matter of whether the reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of military service drill pay for Fiscal Years (FYs) 2008, 2011, 2012, 2014, and 2015 was proper is remanded.

REASONS FOR REMAND

The Board of Veterans’ Appeals (Board) remanded this case in April 2020, but the Board’s directives were not followed.  Thus, further action is necessary in this case, in accordance with the previous Board remand directives.  See Stegall v. West, 11 Vet. App. 268 (1998) (as a matter of law, a remand by the Board confers on the Veteran the right to compliance with the remand orders).

The Board addressed inconsistencies in the record and requested a paid and due audit which specifically excludes FYs prior to 2008 and from 2009-2010.  In addition, the Board noted that it should be clearly indicated if the overpayment for FY 2008 was previously collected as indicated in the January 22, 2010 letter for 65 drill days.  Several internal electronic memoranda set forth the directives of the Board.  Nonetheless, in December 2020, an audit was performed which was not exclusive to the periods indicated.  Moreover, the Veteran and his representative were not issued a supplemental statement of the case.

The matters are REMANDED for the following action:

1. Perform a paid and due audit for the FY years 2008, 2011-2015 excluding FYs prior to 2008 and from 2009-2010. It should be clearly indicated if the overpayment for FY 2008 was previously collected as indicated in the January 22, 2010 letter for 65 drill days.

2. Readjudicate the claim on appeal in light of all of the evidence of record.  If the issue remains denied, the Veteran and his representative should be provided with a supplemental statement of the case as to the issue on appeal, and afforded a reasonable period of time within which to respond thereto.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Connolly, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.