Citation Nr: 21011301
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 18-32 270
DATE: March 1, 2021

REMANDED

Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) benefits in the amount of $5,273.18 due to the reduction in VA disability compensation due to concurrent receipt of military service drill pay for Fiscal Year (FY) 2016, to include the question of whether the overpayment was properly created is remanded.

REASONS FOR REMAND

The Veteran has appealed the matter of the creation of the debt as well as the denial of the waiver of the recovery of the debt.  Separate statements of the case as to each issue were furnished in April 2018.  Thereafter, additional pertinent evidence was procured by VA and received into the record.  This evidence includes information regarding the Veteran’s drill dates from the Department of the Army.  As this relevant VA-generated evidence was not submitted by the Veteran, the automatic waiver provision of 38 U.S.C. § 7105(e) does not apply.  Thus, a remand is warranted for initial RO review of this evidence and the issuance of a supplemental statement of the case.  38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

Review the claims in light of all of the evidence, including evidence dated since the April 2008 statements of the case.  If any issue remains denied, the Veteran should be provided with a supplemental statement of the case, and afforded a reasonable period of time within which to respond thereto.

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

J. Connolly, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.