BVA9504130 
DOCKET NO.  93-09 208     )       DATE
          )
          )

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

THE ISSUE

Entitlement to special monthly pension benefits based on the need
for regular aid and attendance of another person or by reason of
being housebound.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

ATTORNEY FOR THE BOARD

George E. Guido Jr., Counsel

REMAND

The veteran-appellant had active military service from March 1944
to October 1956.

In November 1989, the veteran was awarded special monthly pension
benefits based on the need for regular aid and attendance of
another person as he required nursing home care.

VA records show that the veteran was hospitalized for
schizophrenia in August and September 1991.

In February 1992, the Medical Director of the New Mexico Veterans
Center informed VA that the veteran had been a resident there
since July 1989 and in October 1991 he was transferred to
domiciliary status as he required minimal assistance in taking
care of himself.  He listed the veteran's primary health problems
as schizophrenia, chronic obstructive pulmonary disease,
residuals of colon cancer, chronic urinary tract infection and
prostatitis.  The Director explained that as long as the veteran
was in a structured environment he functioned well otherwise he
may decompensate and require acute care as he did in August 1991.

The Veterans Affairs Regional Office in Albuquerque, New Mexico,
(RO) determined that, effective, January 1992, the veteran was no
longer entitled to special monthly pension.  In an April 1992
rating decision, the RO denied entitlement to special monthly
pension on the basis that recently received evidence did not show
an actual need for aid and attendance or show housebound status.

The veteran contends that he is unable to handle his medications.

In pertinent part, a veteran will be considered in need of
regular aid and attendance if he establishes a factual need for
aid and attendance under the criteria set forth in 38 C.F.R.
§ 3.352(a).

After review of the record (the veteran was last examined for
pension purposes in April 1987 and there is no medical record of
the August/September 1991 VA hospitalization), the Board
determines that further evidence on the question of a "factual
need" under 38 C.F.R. § 3.352(a) is essential for a proper
appellate decision.  The Board, therefore, remands the matter to
the RO for the following action:

1.  After obtaining authorization from the
veteran, ask the New Mexico Veterans Center
for a schedule of the veteran's daily
activities, including the administration of
medication.

2.  Schedule the veteran for an examination
to determine the nature and extent of his
disabilities and whether he needs the aid
and attendance of another person because of
his nonservice-connected disabilities.  The
examiner is asked to describe all the
veteran's health problems, both mental and
physical, and their impact on his ability
to perform the functions of daily living.
A copy of this remand must be made
available to the examiner prior to the
examination.

3.  After the development requested above
has been completed, readjudicate the issue
and should also assign percentage ratings
for the veteran's disabilities. If the
benefit remains denied, the veteran and
representative should be furnished a
supplemental statement of the case and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board.

          (CONTINUED ON NEXT PAGE)

          JANE E SHARP
          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).