BVA9506393 
DOCKET NO.  92- 20 294    )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Whether the veteran is competent to manage his own affairs,
including disbursement of funds without limitation.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

James A. Frost, Associate Counsel

REMAND

The veteran served on active duty from November 1950 to July
1952.

This appeal arose from a rating decision in April 1991 by the
Department of Veterans Affairs (VA) regional office (RO) in
Boston, Massachusetts.

In May 1994 the Board of Veterans' Appeals (the Board) remanded
this case to the RO for further development of the evidence.  The
case was returned to the Board in February 1995.

Further review of the record discloses that, regrettably, the
case must be remanded again.  An applicable statute provides
that, upon the filing of a notice of disagreement by a claimant,
in which disagreement with a decision by an agency of original
jurisdiction (AOJ) is expressed , the AOJ shall furnish to the
claimant a statement of the case, which shall include, inter
alia, a citation to pertinent laws and regulations and a
discussion of how such laws and regulations affected the agency's
decision.  38 U.S.C.A. § 7105(d)(1)(B).

In the veteran's case, the statement of the case, which was
furnished in August 1991, did not set forth any laws and
regulations.  Supplemental statements of the case, furnished in
June 1992 and November 1994, did not provide any laws and
regulations concerning the issue on appeal, competency to manage
one's affairs, including disbursement of VA funds without
limitation.  The Board therefore finds that the RO did not comply
with the applicable statute, set forth above, and due process
requires that this case be remanded so that the RO may correct
the procedural defect.

Accordingly, the case is REMANDED to the RO for the following:

The RO should expeditiously furnish the
veteran and his representative with an
appropriate supplemental statement of the
case, apprising them of all laws and
regulations pertinent to the issue on
appeal.  The veteran and his representative
should be allowed a reasonable period of
time within which to respond.  The case
should then be returned to the Board for
further appellate consideration.

The purpose of this REMAND is to afford the veteran due process
of law.  No action is required of the veteran at this time.

          BRUCE KANNEE
          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 remand 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) (1994).