Citation Nr: 21021752 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 18-15 010 DATE: April 13, 2021 ORDER The withholding of Veterans Affairs (VA) disability compensation benefits for Fiscal Year 2015 due to concurrent receipt of military pay was proper; the appeal is denied. FINDINGS OF FACT 1. The Veteran received military drill pay for a period of 63 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 63 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 a period of 63 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 July 1991 to December 1991, December 2001, June 2006 to November 2007, and October 2011 to May 2012. This appeal comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2017 notification letter from the Department of Veterans Affairs (VA) Regional Office (RO), stating the Veteran’s benefits would be withheld due to receipt of 63 days of drill pay in Fiscal Year 2015. The Veteran testified before the undersigned at a February 2020 videoconference hearing. In April 2020, the Board remanded the matter for further development. The Board reiterates that the Veteran has requested a waiver of the debt. Because the RO has not yet considered the Veteran’s waiver request, the Board does not have jurisdiction of that issue. 38 C.F.R. § 19.9 (b); see also 38 C.F.R. § 1.911 (c)(1); VAOPGCPREC 6-98. The Board may still decide the instant issue of the validity of the debt. Schaper v. Derwinski, 1 Vet. App. 430, 434 (1991). Whether the withholding of Veterans Affairs (VA) disability compensation benefits for Fiscal Year 2015 due to concurrent receipt of military pay was proper 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 July 1991 to December 1991, the Air National Guard in December 2001, and the U.S. Air Force from June 2006 to November 2007 and from October 2011 to May 2012. She had 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 she received military drill pay for Fiscal Year 2015 while concurrently receiving VA benefits. She was provided a VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances. She was told that based on this information, VA would take steps to make a retroactive adjustment for the days she received drill pay, which in this case was calculated as 63 days during Fiscal Year 2015. She was told that she had the right to complete the appropriate sections of the VA Form 21-8951, and indicate to VA that she disputed the number of days listed in the VA Form 21-8951 for which she performed drill. She 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 her to sign this form, secure the signature of her unit commander or designee, and return the completed form to VA. The Veteran returned the form in August 2016, indicating the information was correct and that she elected to waive VA benefits for the 63 days in order to retain her training pay. Thereafter, in March 2017, the Veteran was informed that the RO had taken this action. Based on a review of the record, including the audit provided as a result of the prior April 2020 Board remand, the Board finds that the RO appropriately withheld the Veteran’s VA compensation benefits for 63 drill days in Fiscal Year 2015. The Board acknowledges the Veteran’s contentions and confusion regarding her deductions but notes the calculations appear to be correct. The Veteran elected to waive VA benefits and retain training pay over a period of multiple years, thereby creating some confusion regarding her payments. 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. M. HYLAND 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.