Citation Nr: 21012195
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 08-00 569
DATE: March 3, 2021

REMANDED

Entitlement to retroactive payment from July 1, 2004 through May 2007 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1962 to May 1967 and from July 1980 to June 1992. 

1. Entitlement to retroactive payment from July 1, 2004 through May 2007 is remanded.

In the June 2015 remand, the Board instructed the AOJ to obtain a summary of payments made to the Veteran, to include an explanation of why payments were resumed in June 2007. A payment summary was obtained in October 2020. The summary stated that the Veteran’s disability pay was effective August 1, 2020 but was withheld due to receipt of military retirement pay. Payments were resumed 

 

June 2007. However, no explanation was provided for the resumption of benefits while the Veteran was still receiving military retirement pay. Further, no explanation was provided for the withholding of disability benefits from July 2004 to October 2004, prior to the November 2004 effective date for receipt of military retirement pay. Finally, the remand instructions directed the AOJ to include with the SSOC a cover letter asking the Veteran whether he would like an opportunity for another hearing regarding this issue. No such cover letter was included. 

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives. Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1. Prepare a summary as to why VA compensation was withheld, including an explanation as to why payments resumed in June 2007 (while the Veteran was still in receipt of military retirement pay). 

2. Thereafter, to include any other necessary development, readjudicate the issue on appeal. If any benefit sought remains denied, issue a Supplemental Statement of the Case to the Veteran. In the cover letter, include a letter asking the Veteran to indicate whether he desires a hearing before a VLJ with regard to the issue of entitlement to a retroactive payment of VA compensation

 

 benefits from July 2004 to May 2007, to include whether the withholding of VA compensation was proper. If so, schedule the Veteran for a hearing in accordance with his request. Otherwise, return the case to the Board, if in order. 

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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.