Citation Nr: 21027743
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 19-22 306A
DATE: May 6, 2021

REMANDED

Whether an overpayment in the amount of $18,685.45 for educational assistance benefits under 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) was properly created is remanded.

Entitlement to a waiver of recovery of an overpayment in the amount of $18,685.45 for educational assistance benefits under the Post-9/11 GI Bill is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from February 2003 to February 2004.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2018 decision by the Committee on Waivers and Compromises (COWC) at the Department of Veterans Affairs (VA) Regional Office (RO), which denied waiver of recovery of an overpayment in the amount of $409.46 for books and supplies stipend, $11,050.67 for a monthly housing allowance, and $7,225.32 for tuition and fees.  The Veteran appealed that decision.

In May 2020, the Board remanded the issues on appeal for additional development.  As discussed below, there has not been substantial compliance with the May 2020 remand instructions, so the matters must be remanded.  See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008).  

1. Whether an overpayment in the amount of $18,685.45 for educational assistance benefits under the Post-9/11 GI Bill was properly created is remanded.

2. Entitlement to a waiver of recovery of an overpayment in the amount of $18,685.45 for educational assistance benefits under the Post-9/11 GI Bill is remanded.

In May 2020, the RO adjudicated the issue of whether the debt in the amount of $18,685.45 was valid.  After finding that the debt was valid, the RO issued a June 2020 supplemental statement of the case (SSOC).  However, in an October 2020 statement, the Veteran indicated that she did not receive the May 2020 VA decision or the June 2020 SSOC.  Before the Board may adjudicate this issue, a remand is required to ask the RO to resend these documents to the Veteran and provide her an opportunity to respond.  

Additionally, in the May 2020 remand, the Board instructed the RO to issue an SSOC on the issue of entitlement to a waiver of recovery of an overpayment, if the debt was found to be valid.  However, the RO did not issue an SSOC on the waiver issue as directed.  Accordingly, the RO did not substantially comply with the May 2020 instructions, therefore, a remand is required to issue the SSOC.  

The matters are REMANDED for the following actions:

1. Resend to the Veteran and her representative the May 2020 VA decision adjudicating the issue of whether the debt in the amount of $18,685.45 was valid and the June 2020 SSOC addressing the validity of the debt.  Provide the Veteran and her representative an opportunity to respond.  

2. Then, issue a SSOC regarding entitlement to a waiver of recovery of overpayment in the amount of $18,685.45.  If the benefits sought on appeal remain denied, the Veteran and her representative should be provided an opportunity to respond.  If necessary, return the case to the Board for further appellate review

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Journet Shaw, 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.