The Board found that the withholding of drill pay and termination of benefits for training days in fiscal years 2009 through 2012 was proper, as it did not violate the prohibition on concurrent receipt of active service pay and VA disability compensation.
The deciding factor: VA was entitled to recoup the VA benefits the Veteran was paid due to his waiver of VA compensation for training days in fiscal years 2009 through 2012 under the law prohibiting concurrent receipt of active service drill pay and VA disability compensation.
- Claimed conditions
- bilateral tinnitus, left ear hearing loss, folliculitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2019
- Citation
- 19190293
Veterans Law Judge
Decisions by this judge: 2,242 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19190293.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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