Citation Nr: 22039652 Decision Date: 07/12/22 Archive Date: 07/12/22 DOCKET NO. 17-29 228A DATE: July 12, 2022 REMANDED Validity of an overpayment of VA compensation benefits in the calculated amount of $1,471.58 based on concurrent receipt of active service drill pay during fiscal year (FY) 2015. REASONS FOR REMAND The Veteran served on active duty from August 1999 to August 2002 and from August 2008 to August 2009. The case is on appeal from a September 2016 Regional Office (RO) decision and an October 2016 decision of the Debt Management Center (DMC) as to the retroactive adjustment of compensation benefits based on drill pay and the resultant overpayment debt. The Board notes that although the Veteran's October 2016 notice of disagreement (NOD) with the decisions on appeal references drill periods other than FY 2015, the Veteran did not file an NOD (VA Form 21-0958) within one year of the October 2015 decision addressing the periods referenced. See also November 2016 Notification Letter. As such, those periods are not on appeal. Validity of an overpayment of VA compensation benefits in the calculated amount of $1,471.58 based on concurrent receipt of active service drill pay during FY 2015. The Veteran disputes the propriety of the creation of his overpayment and the validity of its amount. He maintains that the creation of the overpayment was due to sole VA error or that the amount was not properly calculated. See October 2016 NOD (questioning the RO's finding that he was not entitled to both compensation and active service drill pay and the calculated amount of the overpayment). As relevant to this appeal, 38 U.S.C. § 5304(c) prohibits the receipt of VA disability compensation benefits for any period for which the person receives active service pay. See 38 C.F.R. §§ 3.654, 3.700. The Veteran receives VA disability compensation at the 80 percent level ($1,839.48 monthly). Further, in addition to the active duty dates reflected above, the Veteran served in the National Guard. See September 2015 DPRIS Response. In September 2016, the RO notified the Veteran that his disability compensation award had been retroactively adjusted based on concurrent receipt of active service drill pay for 24 days during FY 2015 which resulted in an overpayment in the amount of $1,471.58. The Board notes that the Veteran did not return the VA 21-8951 (Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances) that the RO provided in June 2016. However, in October 2016, the Veteran stated that the overpayment exceeded the amount he was paid for drill training during 2015. He submitted a 2015 Form W2 (Wage and Tax Statement) from the Defense Finance Accounting Service (DFAS) reflecting income in the amount of $833.52. See October 2016 Income and Tax Statements. The Board notes that, although the date of any drill training is entered into the DFAS records based on the calendar date, month, and year for the period executed, DFAS commonly reports veterans' training periods to VA, by referring only to the FY when the periods were executed (and the exact dates are usually supplied to VA upon VA's request for a DFAS audit of DFAS' records). FY 2015 covers the period October 1, 2014 through September 30, 2015. In this case, the Veteran's National Guard records for FY 2015 are not associated with the claims file. In addition, and although a December 2017 DFAS record reflects severance pay, see December 2017 Third Party Correspondence, the file currently does not contain sufficient reviewable documentation as to the exact number of drill days completed during FY 2015 or as to any amount already recouped. As such, the Board finds that remand is warranted. The matter is REMANDED for the following action: 1. Obtain the Veteran's National Guard records pertaining to active service drill training during FY 2015. If these records are deemed unavailable, the RO must notify the Veteran in accordance with 38 C.F.R. § 3.159(e). 2. Verify in the claims file the exact dates of the Veteran's drill training during FY 2015. 3. Make a request for all information about the Veteran's pay for FY 2015 to the DFAS. RYAN T. KESSEL 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.