Citation Nr: 22017463 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 18-14 154A DATE: March 25, 2022 REMANDED Entitlement to a waiver of overpayment of $5,299.86, to include the issue of whether the request for a waiver was timely, is remanded. REASONS FOR REMAND The Veteran served on active duty during the Gulf War era from October 1996 to July 1997, April 2017 to November 2017, and September 2019 to June 2020. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2017 decision of the Committee on Waivers and Compromises (COWC) of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. Entitlement to a waiver of overpayment of $5,299.86, to include the issue of whether the request for a waiver was timely, is remanded. The Veteran was denied a waiver on the basis that his request for a waiver was untimely. See June 2021 Hearing Transcript. At the June 2021 Board hearing, the Veteran testified that he was on temporary duty assignment and was deployed several times during the relevant period and was unable to receive notification of the overpayment debt. Id. The Veteran's representative stated that the Veteran has received multiple communications from VA with different overpayment debt amounts. Id. Remand is necessary because there appears to be relevant correspondence missing from the electronic claims file. It appears that the Veteran incurred multiple debts in 2016 and 2017. First, a June 2016 notification letter informed the Veteran that an overpayment was created due to his return to active duty from March 18, 2012 to September 27, 2013. In July 2016 the Debt Management Center (DMC) issued a letter notifying the Veteran of an overpayment of pension benefits in the amount of $2,348.13 and of his right to request a waiver of the debt within 180 days. In September 2016, the Veteran was notified of an additional debt in the amount of $648.09, which was created based on the receipt of 146 days of drill pay during Fiscal Year (FY) 2015. The Veteran was informed that he would receive a separate letter which would explain his repayment options. No debt notification letter or other correspondence has been associated with the record. In a February 2017 notification letter, the Veteran was notified of an overpayment created due to his return to active duty from March 3, 2010 through June 24, 2011 and his receipt of drill pay for FYs 2009, 2010, 2011, 2012, and 2014. The Veteran was informed that he would receive a separate letter which would explain his repayment options. An award print indicates that a debt was created in the amount of $1,935.20. However, no debt notification letter or other correspondence has been associated with the record. In May 2017 correspondence, the Veteran was notified that VA proposed to retroactively adjust his VA compensation from December 1, 2015, based on 83 drill days completed. In June 2017, the Veteran's spouse returned VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances. The Veteran's spouse signed the form on his behalf, and submitted the Veteran's orders showing that he deployed in April 2017. In August 2017, the Veteran was notified of a debt in the amount of $368.44, which was created based on the receipt of 83 days of drill pay during Fiscal Year (FY) 2016. The Veteran was informed that he would receive a separate letter which would explain his repayment options. No debt notification letter or other correspondence has been associated with the record. Overall, the file reflects inconsistencies which make it unclear when the Veteran was provided with notice showing the amount of debt and right to request a waiver for the September 2016 debt of $648.09; whether the Veteran was notified of the $1,935.20 created from RO actions in February 2017 or provided with information regarding right to request a waiver; or provided with notice showing amount of debt and right to request a waiver for the $368.44 debt created in August 2017. The July 2016 debt notification letter informed the Veteran of a debt in the amount of $2,348.13. However, at the time the Veteran requested a waiver, the amount of the overpayment debt was calculated as $5,299.86. It is unclear how this debt was calculated, and whether the overpayment debts discussed above constitute any part of the overpayment debt on appeal. It is possible that the Veteran's waiver request, received in September 2017, is timely as to some part of the overpayment debt. However, the Board cannot adjudicate the issue of the timeliness of the Veteran's waiver request without knowledge of the dates the Veteran was notified of the amount of any overpayment debt and provided with his right to request a waiver. The matters are REMANDED for the following action: 1. The RO should obtain all records and correspondence from 2016 and 2017, to include any debt notification letters sent to the Veteran. All actions taken, to include any determinations that such records are not available, must be documented in the electronic claim file. 2. Once the above action is completed, prepare an accounting or audit which shows how the amount of the overpayment debt was calculated. A full explanation of how the debt was calculated should be made in the record. 3. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Bynum, 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.