BVA9501571 
DOCKET NO.  92-14 089     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Baltimore,
Maryland

THE ISSUE

Whether the injuries sustained by the serviceman in July 1989
were due to his own willful misconduct for the purpose of
entitlement to service connection for the cause of his death.

REPRESENTATION

Appellant represented by: Maryland Veterans' Service
Commission

WITNESSES AT HEARINGS ON APPEAL

The appellant and the appellant's spouse

ATTORNEY FOR THE BOARD

R. A. Caffery, Counsel

INTRODUCTION

The veteran served on active duty from September 1987 until his
death in July 1989.  This is an appeal from a February 1990
administrative decision by the Department of Veterans Affairs
(VA) Regional Office, Baltimore, Maryland, which held that the
serviceman's death had not been incurred in the line of duty but
had been the result of his own willful misconduct and, therefore,
service connection could not be established for the cause of his
death.  The case was before the Board of Veterans' Appeals
(Board) in June 1993 when it was remanded for further
development.  The case is again before the Board for further
appellate consideration.

REMAND

The record reflects that in accordance with the request by the
Board in the June 1993 remand, the regional office obtained
translation into English of German documents relating to the
veteran's fatal accident.  However, the record does not indicate
whether the translated documents were reviewed by the regional
office.

A supplemental statement of the case pertaining to the additional
evidence received was not issued.

In view of the foregoing matters, findings of fact and
conclusions of law are again being deferred pending a REMAND for
the following action:

The regional office should again review the
claims folder, including the translation of
the German documents associated with the
appeal, as discussed previously.  If the
determination remains adverse to the
appellant, she and her representative
should be sent a supplemental statement of
the case and be afforded the appropriate
time in which to respond.

When the above action has been completed, the case should be
returned to the Board for further appellate consideration, if
otherwise in order.  No action is required of the appellant
unless she receives further notice.

The purpose of this REMAND is to ensure that the requirements of
due process of law are satisfied.  The Board intimates no opinion
as to the disposition warranted in this case pending completion
of the requested action.

          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) (1993).