BVA9500318 
DOCKET NO.  93-11 645     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New York, New
York

THE ISSUE

Entitlement to waiver of recovery of an overpayment of improved
disability pension benefits.

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from September 1945 to October
1946.  She was awarded pension benefits, effective October 1,
1989.

This appeal arises from a decision of October 1992 by the
Committee on Waivers and Compromises (Committee) located in the
New York, New York, Regional Office.
Records reflect that in the October 1992 decision, the Committee
concluded that it would not be against equity and good conscience
to require recovery of the overpayment.  However, in the
statement of the case issued to the veteran, the only item listed
in the laws and regulations section was 38 C.F.R. § 3.271 (1993).
Neither the law and regulations pertaining to waiver of recovery
of the overpayment under the principles of equity and good
conscience nor an explanation of how these were applied in
denying the veteran's claim was provided.

The Board of Veterans' Appeals (Board) finds that a determination
on the question of waiver must be deferred until the veteran, by
way of an informative statement of the case, has been provided
with the opportunity to present arguments and written evidence in
support of her claim.  Accordingly, the claim is REMANDED to the
originating agency for the following action:

1.  The originating agency should request
from the veteran a completed Financial
Status Report (VA Form 4-5655).  The
completed form should be associated with
the veteran's claims file.

2.  Upon completion of the above the
Committee should review the veteran's claim
and, if the decision remains unfavorable to
the veteran, all procedures necessary to
satisfy the requirements of due process
should be completed.  This should include a
supplemental statement of the case which
includes a detailed summary of the
Committee's reasons for its decision as
well as all appropriate laws and
regulations.

The appeal should be returned to the Board for further appellate
consideration, if otherwise in order.  The purpose of this REMAND
is to ensure due process.  No action is required by the veteran
until she receives further notice.

          H. N. SCHWARTZ
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals.  This action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in
the nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.  38 C.F.R.
§ 20.1100(b) (1993).