BVA9507369 
DOCKET NO.  93-09 105     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

Whether the veteran's income is excessive for purposes of
entitlement to Department of Veterans Affairs (VA) improved
disability pension benefits.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from December 1969 to
March 1972.

This matter came to the Board of Veterans' Appeals (Board) on
appeal from a July 1992 decision by the Nashville, Tennessee
Regional Office (RO) of the Department of Veterans Affairs (VA),
denying the veteran's claim seeking entitlement to improved
disability pension benefits.

REMAND

Review of the evidentiary record indicates that the veteran has
appealed a decision by the RO which denied his claim for the
award of improved disability pension.  That decision was based on
a finding that the veteran's countable annual income was
excessive for the receipt of improved disability pension
benefits.  In part the RO's decision was based on the veteran's
March 1992 report that his wife was receiving monthly Social
Security benefits of $372, apparently since sometime in 1991
after she became disabled and stopped working.  However, on VA
Form 1-9, dated in August 1992, the veteran made no reference to
Social Security benefits for his wife, although he reported wages
earned by his wife in 1991 and he submitted Social Security
information pertaining to himself and his son.

The VA has a statutory duty to assist a veteran in the
development of facts pertinent to his claim.  38 U.S.C.A.
§ 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1993).  In
order that the record contains complete and unambiguous
information pertaining to his family income for purposes of
determining whether such income permits the award of pension, the
Board concludes that additional development is required prior to
appellate review.  Accordingly, further appellate consideration
will be deferred and the case is REMANDED to the RO for the
following actions:

1.  The RO should contact the Social
Security Administration (SSA) and obtain
complete information about any award of
Social Security benefits to her.  The
information received should be sufficient
to show when she first received Social
Security benefits, including any lump sum
retroactive payment, and the amount(s)
thereof.  If possible, a copy of any
original Social Security award notice
should be obtained either from SSA or from
the veteran.

2.  Thereafter, the RO should reevaluate
the veteran's claim in light of the
additional evidence received.  If the
determination remains unfavorable to the
veteran, the RO should furnish him and his
representative with a supplemental
statement of the case in accordance with 38
U.S.C.A. § 7105 (West 1991), which sets
forth provisions, citations, and
explanations of the controlling law and
regulations pertinent to this appeal.  This
document should further reflect detailed
reasons and bases for the decision reached.

When the above development has been completed, the veteran and
his representative should be given the opportunity to respond
thereto.  Thereafter, the case should be returned to the Board
for further appellate consideration, if otherwise in order,
following appropriate appellate procedure.  The purpose of this
REMAND is to clarify the record and accord due process of law,
and the Board does not intimate any opinion, either factual or
legal, as to the ultimate disposition warranted in this case.  No
action is required of the veteran until he is notified.

          D. C. SPICKLER
          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).