Citation Nr: 21023528 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 17-13 180 DATE: April 20, 2021 REMANDED The matter of whether the reduction in Department of Veterans Affairs (VA) disability compensation due to concurrent receipt of active service drill pay for Fiscal Year (FY) 2015 which resulted in a debt of $6,569.99 was proper is remanded. REASONS AND REMAND The Veteran served in the United States Army from July 10, 1999 to July 31, 2008; from August 3, 2008 to August 3, 2011; and from September 9, 2013 to February 23, 2015. She also was a member of the United States Army Reserve. An August 2012 rating decision initially granted the Veteran service-connected compensation benefit payments. As noted, subsequently, she again served on active duty from September 2013 until February 2015. She asserts that she was an Army reservist from August 4, 2011 to September 8, 2013, and received drill pay during this time, returned to active duty on September 9, 2013 and remained on active duty until February 23, 2015, and therefore had no drill pay in 2015. See January 2017 Veteran statement. A VA Form 21-8951 indicated that the Veteran had 143 training days in FY 2015. In September 2016, the Veteran replied that she only had 54 training days in FY 2015 and that she elected to waive VA compensation in order to receive her training pay. In a June 2016 letter, the VA Regional Office (RO) indicated that the RO planned to retroactively adjust her compensation benefits from October 1, 2015, based on 143 drill days completed. The RO stated this adjustment would be based on the amount of compensation the Veteran was receiving at the end of FY 2015 (September 30, 2015), and if the proposed adjustment became final it would result in a debt. In a September 2016 letter, the Veteran was advised that the proposed action had been taken. The RO retroactively adjusted the compensation benefits by $1,378.32 per month from October 1, 2015 to February 24, 2016, based on 143 drill days completed. This adjustment was based on the amount of compensation she was receiving at the end of FY2015 (September 30, 2015). This resulted in a debt of $6,569.99. The Veteran’s reply to the VA Form 21-8951 was again received, indicating that she only had 54 training days in FY 2015 and that she elected to waive VA compensation in order to receive her training pay. The Veteran was thereafter separately notified of the amount of the debt. In March 2019, the Board of Veterans’ Appeals (Board) remanded this case. In pertinent part, the Board requested that the RO contact the appropriate service department and determine the Veteran’s service dates to include drill dates during FY 15, taking into consideration the Veteran’s report that she had 54 days of service in FY 2015. The RO then attempted to contact the Defense Manpower Data Center (DMDC) several times. The RO correspondence indicated the following: We received information from a VA Form 21-8951 on September 28, 2016 showing the Veteran conducted 143 drill days in FY 2015: However, the Veteran states that only 54 days of drill was conducted·during FY2015. Therefore, we ask that you recalculate the Veteran’s amount of drill days conducted. In May 2020, after four letters had been sent, the RO sent an electronic mail to obtain information, but again, none was forthcoming. It appears that the 54 days are derived from the approximate two months of active duty that the Veteran served in January and February 2015 rather than from drill dates. It is unclear if the 143 days contemplates all of the Veteran’s active duty from October 1, 2014 through February 23, 2015 which represents all military service in FY 2015, if she was in fact paid both VA compensation as well as active duty pay. As the RO explained to the Veteran, FY 2015 is an annual year (12 months) rather than a calendar year from January 1st through December 31st. FY 2015 is the period from October 1, 2014 to September 30, 2015. The Board recognizes that the RO has attempted to comply with the Board’s remand to resolve the number of active duty dates, drill date days and the appropriate amount of the debt, if any. Unfortunately, the DMDC has not yet replied and it is noted that the development was undertaken during the initial period of the COVID-19 pandemic which may have complicated the process. Since this matter is the crux of the appeal, the development must be completed so the case is again being remanded for that action. The matters are REMANDED for the following action: 1. Contact the appropriate entities, including the Defense Finance and Accounting Services (DFAS), to determine all drill days completed and drill pay; active duty pay; and VA compensation pay that the Veteran received in Fiscal Year 2015, from October 1, 2014 to September 20, 2015. (Continued on the next page)   2. Provide the Veteran with an accounting/paid and due audit of the determinations above: the amount of drill pay and active duty pay versus VA compensation received in FY 2015. Clearly indicate the amount of the overpayment of VA compensation, if there is an overpayment, including a recalculation if appropriate, based on the number of active duty and drill dates that were paid concurrent with VA compensation pay. 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.