BVA9508172 
DOCKET NO.  93-10 115     )       DATE
          )
          )

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

THE ISSUE

Entitlement to an apportionment of the veteran's Department of
Veterans Affairs (VA) compensation benefits on behalf of his
spouse and minor children.

ATTORNEY FOR THE BOARD

Raymond F. Ferner, Counsel

INTRODUCTION

This matter comes before the Board of Veterans' Appeals (BVA or
Board) on appeal from the Department of Veterans Affairs (VA)
Regional Office (RO) in St. Petersburg, Florida.  The veteran had
active service from August 1980 to April 1989.  A special
apportionment decision dated in May 1992 granted an apportionment
of the veteran's VA compensation benefits in the amount of $74 a
month on behalf of his spouse and minor children.  The veteran
expressed disagreement with that decision.  This is a contested
claim and the appellee is the veteran's spouse.

REMAND

The veteran has represented that his minor children are not in
the appellee's custody, but rather are in the custody of his
parents by virtue of a court order dated June 26, 1991.  The
appellee has represented and confirmed that she and the veteran's
three children are living with his parents.  The Board believes
that a copy of this court order should be obtained from the
veteran, the appellee or his parents, or if necessary, from the
appropriate court having jurisdiction over custody matters.
Also, in a letter dated in March 1993, the veteran reported that
a divorce from the appellee was to be final in the next month.
While the RO did request that the veteran provide a copy of the
divorce decree, a further request to the veteran and the appellee
concerning this matter would be appropriate.  Lastly, it is not
clear that the appellee was provided a copy of, or the substance
of, the appeal the veteran filed in this case as required by
38 U.S.C.A. § 7105A (West 1991).

Therefore, in order to give the parties every consideration with
respect to the present appeal, it is the Board's opinion that
further development of the case is desirable.  Accordingly, this
case is REMANDED for the following actions:

1.  If not previously accomplished, the
appellee should be furnished a copy of, or
the substance of, the veteran's appeal.

2.  A copy of any court order pertaining to
the custody of the veteran's minor children
should be requested from the veteran, the
appellee, and the veteran's parents.  If
necessary, a copy of the court order should
be obtained directly from the court having
jurisdiction in custody matters.

3.  The veteran and the appellee should be
requested to furnish information concerning
their marital status, including a copy of
any final court decree of divorce.

When the development requested has been completed, the case
should again be reviewed by the RO on the basis of the additional
evidence.  The parties should then be furnished a supplemental
statement of the case and be afforded a reasonable opportunity to
respond before the record is returned to the Board for further
review.

The purpose of this REMAND is to obtain additional development,
and the Board does not intimate any opinion as to the merits of
the case, either favorable or unfavorable, at this time.  Either
party is free to submit any additional evidence they desire to
have considered in connection with the current appeal.  No action
is required of either party until they are notified.

          JACQUELINE E. MONROE
          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).