Citation Nr: 21024138
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 18-39 157
DATE: April 22, 2021

REMANDED

Entitlement to waiver of a reduction in VA compensation benefits due to concurrent receipt of drill pay in Fiscal Year 2012 is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1973 to June 1982, from May 2006 to July 2007, and from January 2009 to February 2010.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 letter, reducing the Veteran’s VA compensation benefits to prevent an overpayment due to receipt of drill pay.  It was previously before the Board in September 2019, when it was remanded for further development.  

The Board acknowledges that the Veteran’s representative has not had the opportunity to provide a new brief in support of this appeal; however, as the appeal must be remanded again, the Veteran is not prejudiced by the process in this matter.

Entitlement to waiver of a reduction in VA compensation benefits due to concurrent receipt of drill pay in Fiscal Year 2012 is remanded.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives.  In the Board’s September 2019 remand, the Board directed the Agency of Original Jurisdiction (AOJ) to refer the Veteran’s request for a waiver of recovery of the overpayment to the Committee on Waivers and Compromises (Committee) for adjudication.  There is no indication the matter was referred, and a Committee decision and supplemental statement of the case (SSOC) are not of record.  Therefore, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The matter is REMANDED for the following action:

1. Refer the Veteran’s request for a waiver of recovery of the overpayment to the Committee on Waivers and Compromises for adjudication.

2. The AOJ should then review the record and readjudicate the claim.  If the issue remains denied, issue an appropriate supplemental statement of the case and afford the Veteran the opportunity to respond.  The case should then be returned to the Board, if in order, for further appellate review.

 

 

Nathaniel J. Doan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.