Citation Nr: 22018047
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-45 041
DATE: March 28, 2022

REMANDED

Waiver of the recovery of an overpayment of VA disability compensation benefits in the amount of $9,608.86.

 

REASONS FOR REMAND

The Veteran served on active duty from August 1996 to March 1997, July 2000 to June 2008, July 2008 to October 2009, and May 2012 to October 2012.  

The case is on appeal from an April 2017 decision of the Committee on Waivers and Compromises (COWC).

In April 2020, the Board remanded the claim for further development.

Waiver of the recovery of an overpayment of VA disability compensation benefits in the amount of $9,608.86.

Unfortunately, an additional remand is necessary to request an updated VA Form 5655 from the Veteran and to provide an audit of the debt assigned to the Veteran.

The Board notes following the April 2020 Board remand, the Regional Office (RO) sent the Veteran a May 2020 correspondence which requested additional information, to include an updated VA Form 5655 Financial Status Report, listing all the Veteran's monthly income, monthly expenses, assets and any debts.  To date, a response to this development letter, including an updated Form 5655, has not been received from the Veteran.  The Board notes VA has a duty to assist the Veteran in obtaining information, and the Veteran has a duty on his part to cooperate with VA in developing a claim.  Here, the Veteran must aid in the development of his claim by providing necessary information as requested.  When a veteran fails to provide requested information, his claim may be decided based on the evidence of record.  See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (finding that the duty to assist is not a one-way street).

The matter is REMANDED for the following action:

1. Afford the Veteran another opportunity to submit an updated VA Form 5655.

2. Provide a paid and due audit of the $9,608.86 debt related to Reserve training/drill pay received concurrently with VA disability compensation for Fiscal Year (FY) 2010, FY 2011, FY 2013, and FY 2014.  The RO should clearly explain the amount of the overpayment and how such was calculated.

The RO should address the Veteran's contentions, to include that recoupment was made twice for some of the periods at issue.  See May 2017 NOD and July 2017 Form 9.  A copy of the audit should be provided to the Veteran and his representative, as well as placed in the claims file.

3. After completing the above action, to include any other development as may be necessary by any response received as a consequence of the action taken in the preceding paragraphs, readjudicate the appeal, to include a determination as to the validity of the overpayments resulting from receipt of Reserve training/drill pay concurrently with VA disability compensation for FY 2010, FY 2011, FY 2013, and FY 2014.  

 

 

BRANDON B. ISAACS

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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.