BVA9505153 
DOCKET NO.  93-09 939     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Philadelphia,
Pennsylvania

THE ISSUE

Entitlement of the veteran's spouse to disability compensation
based on need for regular aid and attendance.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from June 1967 to July 1969.

This appeal arises from a September 1992 rating decision denying
the appellant's claim for disability compensation based on need
for regular aid and attendance.

The current record shows that the appellant is the veteran's
lawful spouse.  However, the veteran has been considered
incompetent for Department of Veterans Affairs (VA) purposes
since 1984 and his mother is currently serving as his legal
custodian.

38 U.S.C.A. § 1115 (West 1991) states, in pertinent part, that
any veteran whose disability is rated not less than 30 percent,
shall be entitled to additional compensation by reason of his
spouse being in need of regular aid and attendance.  While the
veteran meets the eligibility criteria, the current record shows
that the current claim has been initiated by the appellant on her
own behalf.  Before consideration may be given to the appellant's
claim, a determination must be made as to whether the appellant,
as the veteran's spouse, is eligible for aid and attendance
compensation benefits.  In light of the current record, the case
is being REMANDED to the originating agency for the following
action:

The originating agency is requested to
consider whether the appellant is eligible
for VA disability compensation benefits
based on the need for regular aid and
attendance.  This determination should be
reflected in a written decision in order to
ensure all due process.

In the event the determination is unfavorable, the appellant
should be issued a supplemental statement of the case which
covers the issue of her eligibility, as the veteran's spouse, to
disability compensation based on need for regular aid and
attendance.  She should be provided with the appropriate period
of time in which to respond and thereafter, subject to current
appellate procedure, the case should be returned to the Board of
Veterans' Appeals for further consideration, if otherwise in
order.  No action is required by the appellant unless she
receives further notice.

          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) (1994).