BVA9501493 
DOCKET NO.  90-50 173     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUE

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

REPRESENTATION

Appellant represented by: Mississippi Veterans Affairs
Board

ATTORNEY FOR THE BOARD

Milo H. Hawley, Counsel

INTRODUCTION

The appellant is the surviving spouse of the veteran who retired
in 1965 after more than 20 years of active duty, and died in
October 1979.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a July 1990 determination by the Department of
Veterans Affairs (VA) Jackson, Mississippi, Regional Office
Committee on Waivers and Compromises (RO), which found that
waiver of recovery of an overpayment in the calculated amount of
$3,049 could not be granted, because recovery of the overpayment
would not be against the principles of equity and good
conscience.

In February 1991, the Board issued a decision finding that waiver
of recovery of the overpayment could not be granted.  The
appellant appealed the Board's decision to the United States
Court of Veterans Appeals (hereinafter the Court).  By order
dated November 29, 1994, the Court vacated the Board's decision
and remanded the matter to the Board for further development and
readjudication.  A copy of the Court's decision and order have
been included in the veteran's claims file.

REMAND

It is contended, in substance, that the appellant was not at
fault in creation of the overpayment because of various
circumstances, including her age, intelligence, education and
physical and mental condition.  It is asserted that recovery of
the overpayment would create extreme financial hardship for the
appellant.

The most recent financial status report from the appellant was
submitted in August 1989.

In order to accord the appellant every equitable consideration,
the appeal is REMANDED for the following:

The RO should contact the appellant and
request that she submit a current financial
status report which reflects her current
income, expenses, including all medical
expenses, assets, and liabilities.  The RO
should also request that the appellant
provide a statement as to her educational
level and submit copies of any clinical
evidence relating to her physical and
mental condition from March 1988 until
April 1989.

When the above development has been completed, the appeal should
be reviewed by the RO, Committee on Waivers in light of the
additional evidence obtained and the requirements for
consideration set forth in the Court order of November 29, 1984,
including the question of premature termination.  Thereafter, if
appropriate, a supplemental statement of the case should be
furnished to the appellant and her representative and they should
be given the appropriate opportunity to respond thereto.  The
appeal should then be returned to the Board, if in order.  No
action is required by the appellant until she receives further
notice.

The purpose of this REMAND is to procure clarifying data.  The
Board intimates no opinion, either legal or factual, as to the
ultimate disposition warranted in this case pending completion of
the requested development.

          ROBERT D. PHILIPP
          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).