Citation Nr: 21025897 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 18-02 971 DATE: April 29, 2021 REMANDED The issue of whether the overpayment of Department of Veterans Affairs (VA) non-service connected benefits in the amount of $11,764.07 was properly created is remanded. REASONS FOR REMAND The Veteran had active service from November 1972 to May 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 letter from the Department of Veterans Affairs (VA) Regional Office (RO), notifying him of a change in his nonservice-connected pension benefits due to his incarceration. The Board notes that the history of the Veteran’s appeal encompasses two separate debt periods due to two periods of incarceration. In May 2019, the Board found that the overpayment debt for the first period from November 1, 2009 to June 29, 2010 in the amount of $10,241.93 was properly created. The Board remanded the appeal for adjudication of the issue of entitlement to a waiver for the first debt period, and to provide the Veteran with a detailed accounting of the overpayment debt created from January 14, 2016 to September 21, 2017. The Committee on Waivers and Compromises of the RO denied a waiver for the first debt period in July 2019. In December 2019, the Board again remanded the appeal for compliance with the May 2019 remand directives. Specifically, the Board directed the RO to prepare a paid and due audit of the Veteran’s VA compensation account for the time period from January 14, 2016 to September 21, 2017. Audit reports were associated with the record in December 2019 and October 2020. The RO has not issued an SSOC pursuant to the December 2019 Board remand. As the RO never issued a SSOC with regard to all claims on appeal, the Board is required to remand the issues to the RO for issuance of a SSOC. The matters are REMANDED for the following action: The RO should issue a SSOC regarding the propriety of the termination of non-service connected pension benefits from January 14, 2016 to September 21, 2017, due to the Veteran’s incarceration. The Veteran and his representative should be provided copies of the SSOC and given an opportunity to submit written or other argument in response before the claims file is again returned to the Board for further appellate consideration. (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Bynum, Associate 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.