Citation Nr: 21029499
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 18-42 719A
DATE: May 13, 2021

REMANDED

The issue of whether the Veteran has submitted a valid Notice of Disagreement (NOD) to the denial of the matter of the propriety of the creation of a Veterans Health Administration (VHA) debt of $1,554.58 from a retroactive denial of a clothing allowance for 2015 and 2016, is remanded.

REASONS FOR REMAND

In September 2017, the Veteran submitted correspondence with the intent to disagree with an August 25, 2017 determination that a VHA debt of $1,554.58 from a retroactive denial of a clothing allowance for 2015 and 2016, had been created.  

In October 2017, the Department of Veterans Affairs (VA) Regional Office (RO) informed the Veteran that his NOD for the overpayment of clothing allowance was not accepted.  He was told that the VHA completed the debt for the overpayment of clothing allowance payments in the amount of $,1554.58 with which the Veteran disagreed.  He was told that the Veterans Benefits Administration (VBA) would be forwarding all documentation concerning his disagreement to the VHA and that the VHA may send your further correspondence on this matter.  He was told that he could disagree with this determination that the NOD was not accepted.  The Veteran was issued a Statement of the Case (SOC), but it addressed the denial of a clothing allowance and not the overpayment matter.  Thereafter, correspondence was received within a year of the October 2017 determination from the Veteran which included the October 2017 letter so it is clear that the Veteran wished to continue an appeal, and he was told that the validity of his NOD was an appealable matter.  As such, he should be issued a statement of the case as to the matter of whether the Veteran has submitted a valid NOD to the denial of the matter of the propriety of the creation of a VHA debt of $1,554.58 from a retroactive denial of a clothing allowance for 2015 and 2016.

The matters are REMANDED for the following action:

Send the Veteran an SOC as to the matter of whether the Veteran has submitted a valid NOD to the denial of the matter of the propriety of the creation of a VHA debt of $1,554.58 from a retroactive denial of a clothing allowance for 2015 and 2016.  In taking this action, ascertain if the VHA has undertaken any action with regard to the debt in question.

 

 

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.