BVA9504232 
DOCKET NO.  93-10 698     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New York, New
York

THE ISSUE

Entitlement to waiver of recovery of an overpayment of improved
disability pension benefits.

ATTORNEY FOR THE BOARD

James A. Pritchett,  Associate Counsel

REMAND

The veteran had active duty from December 1952 to December 1954.

It has been held that recovery of an overpayment of improved
disability pension benefits would not be against equity and good
conscience. Information concerning the veteran's current income,
expenses and assets, however, is not on file. This data is
necessary to decide whether recovery of the overpayment would
result in financial hardship to the veteran. To ensure that the
Department of Veterans Affairs (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 regional office (RO) for the following
development:

1.  The veteran should be provided the
opportunity to submit an up-to-date
Financial Status Report detailing his
income, expenses and assets.

2.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
the issue on appeal remains denied, the
veteran should be furnished a supplemental
statement of the case, to include a
citation to the applicable regulation
regarding equity and good conscience and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The veteran need take no action unless otherwise
notified.

          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) (1993).