BVA9507215 
DOCKET NO.  93-11 531     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Diego,
California

THE ISSUE

Entitlement of the appellant to an apportionment of the veteran's
disability compensation benefits.

REPRESENTATION

Veteran represented by:   Veterans of Foreign Wars of the
United States

WITNESS AT HEARING ON APPEAL

The appellant

ATTORNEY FOR THE BOARD

Robert B. Swanson, Associate Counsel

INTRODUCTION

The veteran had active service from April 1943 to February 1946.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a December 1992 rating decision by the Department
of Veterans Affairs (VA) Regional Office (RO) in San Diego,
California.

REMAND

The appellant is seeking an apportionment of the appellee's
(veteran's) disability compensation benefits.  After reviewing
the record on appeal, the Board finds that further development is
necessary to assist in the resolution of the appealed issue.  The
record indicates that both the appellant's and the veteran's
income and expenses may not have been fully reported and may have
changed since their separation.  The record also indicates that
the appellant and the veteran may have divorced, but a copy of
the divorce decree was not associated with the file.  The record
further indicates that the contested claim procedures were not
fully executed, including providing the veteran the substance of
the appellant's substantive appeal as well as notice of her
hearing and his opportunity to attend and proffer testimony.  38
C.F.R. §§ 19.102, 20.713(a) (1994).

Since additional development has been indicated by the record on
appeal, the case is REMANDED to the RO for the following action:

1. The RO should schedule a field examination of the
veteran to secure a complete accounting of his monthly
income and expenses for the period between the appellant's
apportionment claim and the appellant's and veteran's
divorce, if any.  The examiner should specifically obtain,
inter alia, information about the veteran's business income
and expenses as well as savings accounts and other
investment income.  The examiner should also secure copies
of the divorce decree, if any, and any court documents
relating to finances and the appellant's and the veteran's
separation and divorce.

2. The RO should schedule a field examination of the
appellant to secure a complete accounting of her monthly
income and expenses for the period between her
apportionment claim and her and the veteran's divorce, if
any.  The examiner should specifically obtain, inter alia,
information about the appellant's savings accounts and
other investment income as well as money assigned to
others, such as in the form of a loan or a trust.  The
examiner should also secure the terms of any loans or
trusts, especially relating to repayment and revocability,
as well as copies of any supporting documentation, such as
any loan agreements or trusts, if in existence.

3. The RO should implement the contested claims procedures,
including providing the veteran with a photostatic copy of
the appellant's February 1993 hearing transcript, and her
March 1993 substantive appeal.  The veteran should also be
apprised of his right to a hearing.

4. After the above actions have been completed, the RO
should review the appellant's claim.  After a decision is
issued, a supplemental statement of the case should be sent
to the appellant, her representative (if any), and the
veteran and his representative.  The supplemental statement
of the case should set forth the evidence added to the
record subsequent to the March 1993 statement of the case,
any legal authority relied upon that was not previously
cited, the decision, and the reasons and bases for the
decision.  After the supplemental statement of the case is
sent, the appellant, her representative (if any), and the
veteran and his representative should be given the
appropriate time in which to respond.

Thereafter, subject to appellant procedures, the case should be
returned, if appropriate, to the Board for further consideration.
The purpose of this REMAND is to secure clarifying data.  No
action is required by the appellant or the veteran until either
receives further notice.

          JAMES R. ANTHONY
          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).