BVA9504710 
DOCKET NO.  93-21 860     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Whether the appellant's improved death pension benefits were
properly terminated effective February 1, 1989.

ATTORNEY FOR THE BOARD

Milo H. Hawley, Counsel

REMAND

The appellant is the surviving spouse of the veteran who had
active service from April 1944 to January 1946.

The current appeal comes before the Board of Veterans' Appeals
(Board) on appeal from an action of February 1993 by the
Department of Veterans Affairs (VA), Boston, Massachusetts,
Regional Office (RO) which terminated the appellant's improved
death pension award effective February 1, 1989, on the basis of
the receipt of excess income, including interest income, by the
appellant.

The statement of the case indicates that it was discovered that
the appellant had interest income which had not been previously
reported.  The appellant contends that she did not receive the
interest income alleged, and asserts that all income has been
correctly reported.

The RO has presumably been exercising the appropriate caution in
excluding documentation containing confidential income
information from the claims file.  While the Board understands
and commends the concerns of the regional office in this respect,
the precepts of due process require that documentation of the
material evidence which forms the basis of the regional office
determinations be included in the claims folder for appellate
review.  To this end, M21-I, Part IV, Chapter 31, Subchapter IX,
(particularly paragraph 31.70) now provides a method for
extracting "sanitized" documentation for inclusion in the claims
folder.  Therefore, the case is REMANDED to the RO for the
following:

The RO should consult M21-I, Part IV,
Chapter 31, Subchapter IX, and extract
appropriate documentation for inclusion in
the claims folder which supports the
finding that the appellant was in receipt
of interest income, the dates she received
that income, and the amount of the interest
income.

After completion of the above requested development, the issue of
whether the appellant's improved death pension was properly
terminated on February 1, 1989, should be readjudicated.
Thereafter, if appropriate, the appellant should be furnished
with a supplemental statement of the case which provides laws and
regulations governing discontinuance of a running award and be
given the appropriate opportunity to respond thereto.
Thereafter, the claims file, including the above requested
evidence, should be returned to this Board for further appellate
review, if in order.  No action is required by the appellant
until she receives further notice.

The purposes of this REMAND are to procure clarifying data and
accord due process.  The Board intimates no opinion, either legal
or factual as to the ultimate disposition of this appeal.

          WAYNE M. BRAEUER
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) (1992).