BVA9506532 
DOCKET NO.  93-04 399     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to payment of additional disability compensation for
a dependent spouse, [redacted], prior to October 1, 1991.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

R. A. Caffery, Counsel

INTRODUCTION

The veteran served on active duty from July 1958 to October 1980.
This is an appeal from a May 1992 action by the Department of
Veterans Affairs (VA) Regional Office, St. Petersburg, Florida,
that the veteran was not entitled to additional disability
compensation for a dependent spouse, [redacted], prior to
October 1, 1991.  In February 1993, the veteran testified at a
hearing before a member of the Board of Veterans' Appeals (Board)
sitting at the regional office.

REMAND

The record reflects that the veteran has established service
connection for several conditions including residuals of a
gunshot wound of the right leg, rated 40 percent disabling.  His
award had included an additional allowance for a dependent
spouse, [redacted], whom he had married in May 1971.

In September 1991, in response to a request by the VA for
verification of the Social Security number of his spouse, the
veteran indicated that he was married to [redacted].

In March 1992, the veteran indicated that he had been divorced
from [redacted] in February 1988 and that he had been married to
[redacted] in October of that year.

In May 1992, the regional office adjusted the veteran's award of
disability compensation to remove [redacted] as a dependent,
effective March 1, 1988, and to add [redacted] as a dependent,
effective October 1, 1991.

During the course of the hearing, conducted in February 1993, the
veteran related that he had filed his initial claim for VA
disability benefits at the Regional Office, Buffalo, while
residing in New York.  He stated that, in May or June 1988, he
had notified that office of his divorce from [redacted] and that, in
January, he had submitted a copy of his divorce decree and his
marriage certificate reflecting his marriage to [redacted] to that
office.  He stated that he had never received anything back.  He
had indicated he had gotten 2 or 3 cards from them asking whether
he was married and whether he had a dependent and he replied in
the affirmative and sent the cards back.  The veteran indicated
that he was not aware whether anyone had contacted the Regional
Office, Buffalo, to ascertain whether that office had any records
of his divorce and remarriage.

In view of the aforementioned matters and, in order to afford the
veteran every consideration, findings of fact and conclusions are
being deferred pending a REMAND for the following action:

1.  The VA Regional Office, Buffalo, should
be contacted and asked to conduct a search
in order to ascertain whether that office
has any records pertaining to any
notifications from the veteran regarding
his divorce and remarriage in 1988.  Any
such records should be associated with the
claims file.

2.  The veteran's case should then be
reviewed by the originating agency.  If the
denial is continued, he should be sent a
supplemental statement of the case and be
afforded the appropriate time in which to
respond.

When the above action has been completed, the case should be
returned to the Board for further appellate consideration, if
otherwise in order.  No action is required of the veteran unless
he receives further notice.

The purpose of this REMAND is to obtain clarifying information.
The Board intimates no opinion as to the disposition warranted in
this case pending completion of the requested action.

          (CONTINUED ON NEXT PAGE)

          JACK W. BLASINGAME
          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).