Citation Nr: 21032274 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 11-26 174 DATE: May 26, 2021 REMANDED The issue of whether the Veteran was properly compensated for his dependent spouse M.B. is remanded for further development. (The issue of entitlement to service connection for hypertension will be addressed by the Board of Veterans' Appeals (Board) in a separate decision.) REASONS FOR REMAND The Veteran served on active duty from September 1978 to December 1978. This matter comes before the Board on appeal from an August 2015 decision of a Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction of the Veteran's claims file currently resides with the Milwaukee, Wisconsin RO. In June 2011, the Veteran attended an informal conference with a Decision Review Officer (DRO) at the Charleston, South Carolina RO. Thereafter, in November 2017, the Veteran testified at a Board hearing before the undersigned. A transcript of the hearing is of record. In May 2018, the Board remanded the current claim for the Agency of Original Jurisdiction (AOJ) to conduct an audit of the Veteran's compensation from October 1986 to November 1998, to ensure that he had been appropriately compensated for his prior spouse, M.B. The claim returned to the Board and, in November 2020, it was remanded once again due to a lack of substantial compliance with the May 2018 remand directives. The case is now before the Board for appellate review. Proper Compensation for M.B. Although the Board regrets the additional delay, it finds that remand is warranted for further development. Specifically, in November 2020, the Board requested that the AOJ prepare an additional audit of the Veteran's compensation from October 1986 to November 1989. The Board specified that this audit should contain: (1) the effective date M.B. was added as a dependent to the Veteran's award; (2) the actual amounts of compensation paid to the Veteran on a month-by-month basis; and (3) a full explanation of the calculations made to arrive at the amounts in question. Following the November 2020 remand, the AOJ associated another audit with the Veteran's claims file in February 2021. This audit indicated that the Veteran was paid additional amounts for a dependent spouse from September 1, 1987 until November 30, 1998. The audit identified the monthly rates payable to the Veteran, the total amounts paid for identified time periods, and explanations regarding what dependent parties were included in the total and monthly amounts paid. Additionally, the February 2021 audit also included indications that retired pay was withheld for the amounts paid to the Veteran from September 1, 1992 until March 31, 1992. Withholdings for retired pay were not included in a previous audit from June 2019 and the only relevant document in the Veteran's claims file which comprehensively discussed withholdings for retired pay is a March 1992 form completed by the U.S. Army Finance and Accounting Center. See March 1992 USARAC Form 20-160. The amounts listed on this March 1992 form do not completely match the amounts provided on the February 2021 audit. Accordingly, the Board finds that additional remand is warranted in order the for the AOJ to contact the Defense Finance Accounting Service (DFAS) to verify the Veteran's retired pay from September 1, 1987 to March 31, 1992. The matter is REMANDED for the following action: Contact DFAS to verify the Veteran's retired pay from September 1, 1987 to March 31, 1992. Document all requests for information as well as all responses in the claims file. Copies of documentation provided by DFAS pursuant to this request should be associated with the claims file and provided to the Veteran and his representative. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N.S. Pettine, 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.