BVA9503548 
DOCKET NO.  93-09 049     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Seattle,
Washington

THE ISSUE

Entitlement to accrued benefits, based on the veteran's claims
for an increased rating for service-connected anxiety neurosis,
rated as 30 percent disabling, and entitlement to nonservice-
connected pension benefits, to include aid and attendance.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESSES AT HEARING ON APPEAL

Veteran and appellant

ATTORNEY FOR THE BOARD

Constance C. Hickey, Associate Counsel

INTRODUCTION

The veteran had active service from April 1942 to July 1943; he
died in January 1993.

This appeal to the Board of Veterans' Appeals (Board) arises
from the February 1993 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Seattle,
Washington which, in pertinent part, denied the appellant's
claims for accrued benefits.  By rating decision of May 1991,
the veteran's claim for an increased rating for anxiety
neurosis, rated as 30 percent disabling, was denied.  He timely
filed a notice of disagreement and the case was developed for
appellate review.  In July 1992, a claim was filed on the
veteran's behalf for nonservice-connected pension benefits, to
include aid and attendance.  Based on hospital records which
showed that the veteran would be transferred to a nursing home,
following his discharge, the RO, in a rating decision of
December 1992, found him to be permanently and totally disabled
for pension purposes, to include special monthly pension based
on his need for regular aid and attendance.

REMAND

          Following a review of the record, the Board finds that two
issues were pending at the time of the veteran's death:
Entitlement to an increased rating for anxiety neurosis; and
whether the veteran's countable family income permitted the
payment of pension benefits at the aid and attendance rate as
the greater benefit.  Although the appellant was advised that
there were no accrued amounts payable, neither of these issues
was fully developed for appellate review.

          Accordingly the case is REMANDED for the following actions:

1.  The RO should consider, under all
appropriate law and regulations, whether
the appellant is entitled to any accrued
benefits, based on the veteran's claims for
an increased rating as well as his claim
for pension at the aid and attendance rate,
as the greater benefit.

2.  In the event either of the
determinations remains unfavorable to the
appellant, she and her representative
should be furnished a supplemental
statement of the case, containing a
recitation of the relevant evidence, a
citation to the appropriate law and
regulations, including 38 U.S.C.A. § 5121
(West 1991), and a discussion of the
reasons for the determinations reached.
They should be given the opportunity to
respond thereto.

Thereafter, the case should be returned to the Board, if in
order.  By this action the Board intimates no opinion, either
factual or legal, as to the ultimate determination in this case.
No action by the appellant is required until she receives
further notice.

____________________________
          N. R. ROBIN
          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)
(1993).