BVA9505496 
DOCKET NO.  93-08 275     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUE

Whether the veteran is competent to handle Department of Veterans
Affairs funds.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Robert P. Regan, Counsel

INTRODUCTION

The veteran served on active duty from June 1965 to June 1966.

This matter came before the Board of Veterans' Appeals (Board) on
appeal of an August 1992 rating determination by the Department
of Veterans Affairs (VA) Regional Office (RO) located at Atlanta,
Georgia.  The appellant (veteran) has been declared incompetent
by the VA.  A guardian has been appointed.  In the August 1992
decision, the RO determined that the appellant remained
incompetent.  The appellant has appealed that decision.

REMAND

A review of the record reflects that the veteran was hospitalized
at a VA facility from May to July 1992 with a discharge diagnosis
of bipolar manic disorder.  At the time of his discharge from the
hospital, it was reported that he was to be followed up at the
mental hygiene clinic in three months.  The Board is of the
opinion that these outpatient clinical records would be of
assistance in rendering a determination in this case.  The most
recent VA examination in order to determine competency was
conducted in December 1992.  The Board is of the opinion that a
contemporaneous and thorough VA examination is warranted.

In accordance with the statutory duty to assist the appellant in
the development of evidence pertinent to his claim pursuant to
38 U.S.C.A. § 5107 (West 1991), the case is REMANDED for the
following actions:

1.  The RO should obtain any additional
medical records from the VA medical
facility located in Tuskegee, Alabama,
covering the period from July 16, 1992, up
to the present.

2.  Thereafter, it is requested that the VA
examination should be conducted by a
psychiatrist in order to determine the
nature and severity of the appellant's
psychiatric illness.  In conjunction with a
review of the appellant's adjudication
claims folder, it is requested that the
examiner render an opinion as to whether
the veteran is competent for VA purposes.

Thereafter, the case should be reviewed by the RO.  If the
benefit sought is not granted, the appellant and the veteran's
representative should be furnished a supplemental statement of
the case and an opportunity to respond.  The case should then be
returned to the Board for further appellate consideration.

          RICHARD B. FRANK
          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).