BVA9502588 
DOCKET NO.  93-11 822     )       DATE
          )
          )

On appeal from decisions of the
Department of Veterans Affairs Regional Office in Chicago,
Illinois

THE ISSUE

Entitlement to a waiver of the recovery of an overpayment of
Section 306 death pension benefits in an amount calculated as
$1,633.00.

ATTORNEY FOR THE BOARD

J.P.  Reep,  Associate Counsel

INTRODUCTION

The veteran had active military service from August 1943 to
November 1945.  The appellant is his widow.

This matter came before the Board of Veterans' Appeals (the
Board) on appeal from decisions of the Chicago, Illinois Regional
Office (RO) of the Department of Veterans Affairs (VA).  In a
March 1992 determination, the Committee on Waivers and
Compromises (Committee) denied the appellant's claim for waiver
of recovery of overpayment of Section 306 death pension benefits,
based on a determination that recovery would not be against
equity and good conscience.

Additional financial information was received by the RO in
March 1992.  In April 1992, the Committee confirmed its previous
denial of waiver.

REMAND

On preliminary review, the Board finds that the current record in
this case is inadequate for appellate review.  In a December 1991
determination, the RO retroactively terminated Section 306 death
pension benefits, effective January 1, 1990.  The stated basis
for the retroactive termination of the appellant's pension award
and the creation of the resulting overpayment, was the discovery,
apparently in mid-1991, of previously unreported unearned income
of the appellant for calendar year 1989.  However, the record
contains no documentation acknowledged by the appellant of said
income.  Therefore the Board is unable to determine whether the
overpayment was properly created.

Accordingly, the Board REMANDS this case to the RO for the
following actions:

1.  The RO should assemble and place in the
record adequate documentation of income
which supports the retroactive termination
of pension and the creation of the
overpayment at issue.

2.  After affording the appellant the
opportunity to update her financial status,
the Committee should then again consider
her claim for waiver.  Consideration should
be given to all elements of the standard of
equity and good conscience set forth by 38
C.F.R. § 1.965(a) (1993) and each should be
discussed.  The decision of the Committee
should be placed in the record.

3.  If the determination remains adverse to
her, the appellant should be furnished a
supplemental statement of the case (SSOC)
which addresses the actions taken pursuant
to this remand and explains the bases for
the determinations made.

Once the appellant has been afforded the opportunity to respond
to the SSOC, the case should be returned to the Board for
appellate review if in order.  The purpose of this remand is to
clarify essential aspects of the record and to ensure due process
of law.

          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.
          (CONTINUED ON NEXT PAGE)
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).