BVA9507381 DOCKET NO. 93-09 188 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Whether the veteran's improved disability pension award for the period from October 1, 1989, through September 30, 1990, was properly calculated. REPRESENTATION Appellant represented by: AMVETS ATTORNEY FOR THE BOARD Neil Reiter, Counsel REMAND The veteran had honorable service from January 1944 to January 1946, and another period of service from January 1948 to October 1950 for which he received an other than honorable discharge. The veteran has received improved disability pension benefits effective from October 1987. In August 1992, he was advised that his improved disability pension benefits had been retroactively reduced for the period from October 1, 1989, through September 1990 because he had not reported that his wife had earnings from employment during this period of time. The veteran submitted a notice of disagreement concerning the retroactive reduction of his improved pension award. The statement of the case mentions that VA Forms 0161a were received showing that the veteran's wife received earnings at one place of employment beginning September 5, 1989, and from another place of employment for the period from October 30, 1989, through November 27, 1989. The statement of the case also mentions that a notification letter relating to such earnings sent to the veteran was returned by him. These forms and the notification letter are not currently associated with the present file, possibly as the result of initial instructions regarding wage match cases. The new instructions, however, do provide ways of including such income information for the file and for appellate review. In addition, on appeal, the veteran indicated that he was separated from his wife in November 1989, which led to a divorce in 1990, and that he had no knowledge of her earnings. He contended that he was entitled to the payments he received from October 1, 1989, through September 30, 1990, and he requested, in the alternative, that any overpayment be waived, as he was without fault for creating the overpayment. The regional office has not responded to these contentions, or to the veteran's request for waiver of recovery of any overpayment created. In view of the above, the Board finds that the case should be REMANDED to the regional office for the following actions: 1. The veteran should be contacted and asked to complete and return a Financial Status Report (VA Form 4-5655) reflecting his current income from all sources, monthly expenses and assets. That information should then be associated with the claims file. 2. The regional office should review, respond to, and adjudicate the veteran's contentions on his appeal, including his request for waiver of recovery of an overpayment, if properly created. 3. If the case remains denied, the regional office should include in the claims file as much pertinent information about the wages from employment received by the veteran's wife in 1989 as is consistent with pertinent instructions regarding income verification match reports. Such information should include, if possible, the reports from employers, as well as the notification sent to the veteran concerning such income information. If the veteran's appeal is denied, the case should be processed in accordance with appropriate appellate procedures, including the issuance of a supplemental statement of the case, to include all pertinent issues. No action is required of the veteran until or unless he receives further notice. The purpose of this REMAND is to afford due process. The Board intimates no opinion, either legal or factual, as to the ultimate determination warranted in this case. WAYNE M. BRAEUER 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).