Citation Nr: 21023031 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 18-28 694 DATE: April 20, 2021 ORDER The $486.54 reduction in Department of Veterans Affairs (VA) disability compensation due to the reported concurrent receipt of military service drill pay for four days in fiscal year (FY) 2016 was not proper; the appeal is granted. FINDING OF FACT The Veteran did not receive military drill pay for four days in FY 2016. CONCLUSION OF LAW The $486.54 reduction in VA disability compensation due to a reported concurrent receipt of military service drill pay for four days during FY 2016 was not proper. 38 U.S.C. § 5107, 5304(c); 38 C.F.R. § 3.654, 3.700. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 2001 to May 2001, and from March 2004 to January 2013. The Veteran was also subsequently assigned to an Army National Guard unit from January 2013 to October 2017. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2017 decision to assess a debt in the amount of $486.54 against the Veteran for compensation received during four drill days in FY 2016. The Veteran claims that this is an improper reduction because he did not receive any drill pay for FY 2016. The claims file includes a portion of a VA Form 21-8951 (page 2 only), signed in September 2017, which clearly indicates the Veteran had no training days in a certain FY, but it is unclear which FY as the area of the form for that information is not filled out. Also, this incomplete form had a signature on the line for the commanding officer, but no signature by the Veteran. In January 2018, the RO notified the Veteran that this partial document was received, but that, because it was incomplete, it could not be accepted. The RO requested the Veteran complete both page 1 and page 2 of the form. The Veteran responded in February 2018 with a completed form showing no drill days for FY 2015, but no completed form was received for FY 2016. A separate debt related to FY 2015 was eliminated. The $486.54 debt related to FY 2016 remains at issue. Again, the Veteran disagrees with it as he contends he received no drill pay for four days in FY 2016. A veteran cannot concurrently receive disability compensation and active service pay. 38 C.F.R. §§ 3.654(a), 3.700. Active service pay means pay received for active duty, active duty for training, or inactive duty for training. Id. In this case, while the evidence of record shows the Veteran was assigned to an Army National Guard unit after his separation from active service, there is no evidence that he participated in any active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), particularly in FY 2016. The Veteran’s service treatment records show he honorably served and was wounded in service. By August 2012, records show he was being treated for a traumatic brain injury (TBI) and a physician recommended retention solely for the purpose of TBI care. A military history report run in January 2018 shows the Veteran’s active duty dates and also shows Army National Guard service dates of January 2013 to October 2017; however, this report includes no indication of any training dates during that National Guard service. The area to record training dates is left blank. In July 2016, the Veteran submitted a statement indicating that he has not received any drill pay for the year prior or for this year. In August 2016, the Veteran again submitted a statement confirming that he is not receiving any drill pay. Also in August 2016, B.C., the Unit Administrator for the New York Army National Guard 719th Composite Truck Company, submitted a statement indicating that the Veteran has not been paid at any time while receiving VA disability benefits. In October 2016, in the context of the appeal for the FY 2015 drill days, the Veteran again indicated that he does not attend drill due to his medical condition. More recently, in January 2019, the Veteran submitted a statement indicating he had not been paid since approximately 2014. While the Board recognizes VA never received a fully complete VA Form 21-8951 for FY 2016, the preponderance of the evidence shows the Veteran was not participating in drill due to his medical condition and was not paid for any drill days in FY 2016. As such, the reduction in VA disability compensation due to concurrent receipt of military service drill pay for four days during FY 2016 was not proper and VA is not entitled to recoup the $486.54. The appeal is granted. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Adamson, 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.