BVA9508329 
DOCKET NO.  93-17 794     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Portland,
Oregon

THE ISSUE

Entitlement to special monthly pension based on housebound
status.

REPRESENTATION

Appellant represented by: The American Legion

WITNESSES AT HEARING ON APPEAL

 Appellant and T. E., his daughter

ATTORNEY FOR THE BOARD

M. Siegel, Counsel

INTRODUCTION

The veteran served on active duty from November 1949 to November
1952.

This appeal arises from a rating decision of March 1992 from the
Portland, Oregon, Regional Office (RO), which denied entitlement
to special monthly pension based on the need for regular aid and
attendance or based on housebound status.  Statements by the
veteran and his representative at the September 1992 personal
hearing are construed to limit the claim to the issue cited on
the first page of this decision.

REMAND

The veteran, in essence, contends that the RO erred when it
denied special monthly pension based on housebound status.  In
particular, he alleges that, due to his various disabilities, he
is virtually unable to leave his home.

The RO certified the veteran's case for appeal in July 1993.
Since then, additional pertinent records, and specifically the
report of a March 1994 Department of Veterans Affairs (VA) post-
traumatic stress disorder evaluation and the report of an October
1994 Social Security Administration decision, have been
associated with his claims folder.  Under the provisions of 38
C.F.R. § 20.1304(c) (1994), pertinent records received under such
circumstances "must" be referred to the RO for review and
preparation of a supplemental statement of the case "unless this
procedural right is waived by the appellant....Such waiver must
be in writing...."  A review of the claims folder does not reveal
that any such waiver has been submitted with regard to these
records.

Accordingly, this case is REMANDED for the following:

1.  The appellant should be afforded
another examination for housebound status
or permanent need for regular aid and
attendance.  The report of this examination
should be associated with the claims file.

2.  The RO should then consider all
records, including those received by VA
subsequent to the RO's certification of the
veteran's claim for appeal in July 1993 and
the report of the special monthly pension
examination, and determine whether special
monthly pension based on housebound status
can now be granted.  If the decision
remains adverse to the veteran, he and his
representative should be provided with a
supplemental statement of the case, and
with a reasonable period of time within
which to respond thereto.  The case should
thereafter be returned to the Board for
further review, as warranted.

The veteran need take no action unless he is so informed.  The
purpose of this REMAND is to ensure compliance with due process
considerations.

          THOMAS J. DANNAHER
          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).