Citation NR: 9702849	
Decision Date: 01/31/97		Archive Date: 02/12/97
DOCKET NO.  95-05 929	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Manila, 
Philippines


THE ISSUE

Whether new and material evidence has been submitted to 
reopen the widow's claim for service connection for cause of 
the veteran's death.

WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

Susanne Blume, Associate Counsel




INTRODUCTION

The veteran had recognized service from June 1957 to March 
1977.

This matter came before the Board of Veterans' Appeals 
(Board) on appeal from a 
November 1994 determination of the Manila, Philippines 
Regional Office (RO) of the Department of Veterans Affairs 
(VA), which found that new and material evidence had not been 
submitted.


REMAND

On her substantive appeal the appellant indicated she desired 
a hearing either before the Board or before a local hearing 
officer.  The appellant testified at a hearing before a local 
hearing officer in April 1995.  In that same month, the 
appellant submitted a statement indicating she no longer 
wished a hearing before a member of the Board.  In June 1996 
the appellant submitted a letter requesting a personal 
hearing before the “Board at my originating Agency.”  In 
order to ensure that the appellant has received due process 
in this matter, the case should be remanded to allow the 
appellant an opportunity for a hearing before a Board member.

Accordingly, in view of the foregoing, this matter is 
REMANDED to the RO for the following actions:

The RO should schedule a hearing before a 
member of the Board at the regional 
office.

Thereafter, the case should be returned to the Board for 
further appellate consideration, if warranted.  No action is 
required of the appellant until she receives


further notice.  By this remand, the Board intimates no 
opinion as to the ultimate outcome of this case.


		
	V. L. JORDAN
	Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures 
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 
(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) 
(1995).
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