BVA9503096 
DOCKET NO.  93-06 527     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Juan,
Puerto Rico

THE ISSUE

Entitlement of the veteran's surviving spouse to special monthly
pension on account of the need for the regular aid and attendance
of another person or at the housebound rate.

REPRESENTATION

Appellant represented by: The American Legion

WITNESSES AT HEARING ON APPEAL

Appellant and son

ATTORNEY FOR THE BOARD

R. K. ErkenBrack, Counsel

INTRODUCTION

The veteran, who served on active duty from September 1951 to
September 1953, died in February 1990.  The appellant is his
surviving spouse.

This appeal arises from a rating decision in January 1992 of the
Department of Veterans Affairs (VA) Regional Office (RO) at San
Juan, Puerto Rico.

REMAND

The appellant has contended that she has been found incompetent
by the Social Security Administration and by a State Insurance
Fund.

A transcript (T.) of a personal hearing of the appellant before a
hearing officer at the RO in June 1992 indicates that she has a
guardian appointed because she is incompetent and that she has
been permanently and totally disabled since an accident in 1965.
T. at 2.  Her daughter-in-law reportedly takes care of her all
the time.  T. at 3.  He guardian reportedly receives her Social
Security disability benefits and buys things for her.  T. at 5.
She testified that she had received treatment at The Health
Council of Loiza and previously at the Municipal Hospital at
Santurce.  T. at 6.

All the statements received from the appellant have not been
translated into English, including those dated on March 20, 1991;
October 17, 1991; February 29, 1992 (Notice of Disagreement); May
12, 1992 (Substantive Appeal); and July 15, 1992.

Apparent clinical records from the "Concilio De Salud Integral De
Loiza, Inc., dated from July 1991 to March 1992 have not been
translated into English.

Confirmation apparently has not been sought from the Social
Security Administration or the State Insurance Fund regarding the
appellant's competency and guardianship.

To ensure that the VA has met its duty to assist the claimant in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following development:

1.  The RO should obtain the names and
addresses of all medical care providers who
have treated the appellant for any disorder
since March 10, 1992.  After securing the
necessary release, the RO should obtain
these records.

2.  The RO should obtain from the Social
Security Administration the records
pertinent to the appellant's award of
Social Security disability benefits, to
include the medical records relied upon
concerning that award.  The Social Security
Administration should also be requested to
provide documentation concerning the
appellant's competency determination and
appointment of a guardian.

3.  The RO should request from the State
Insurance Fund documentation concerning the
appellant's competency determination and
the appointment of a guardian.  If
necessary, the appellant and her family
members should be contacted to obtain
sufficient identifying information (name,
address, etc.) in this regard, and to
submit a written authorization for the
release of medical records or other
pertinent information, as required.

4.  All written communications from the
appellant dated on and after March 20,
1991; and all medical documentation, to
include that already on file from the
"Concilio De Salud Integral De Loiza, Inc.,
dated from July 1991 to March 1992, must be
translated into English before returning
the case to the Board.

Thereafter, the RO should review the claims.  In the event that
the determinations remain adverse to the appellant, the case
should be returned to the Board, together with all additional
evidence developed, after compliance with the requisite appellate
procedures.  The purpose of this REMAND is to procure clarifying
data.  No action is required of the appellant unless she receives
further notice.  The Board intimates no opinion as to the
ultimate outcome of this case.

          NANCY I. PHILLIPS
          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).