BVA9503776 
DOCKET NO.  93-12 705     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUE

Entitlement to a permanent and total disability evaluation for
non-service connected pension purposes.

ATTORNEY FOR THE BOARD

N. W. Fabian, Associate Counsel

INTRODUCTION

The veteran had active service from May 1968 to May 1970.

CONTENTION OF APPELLANT ON APPEAL

The veteran contends that he is entitled to a permanent and total
disability evaluation for non-service connected pension purposes
due to a blood clot in his left leg and lungs and due to
polycythemia vera.

DECISION OF THE BOARD

The Board of Veterans' Appeals (Board), in accordance with the
provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and
considered all of the evidence and material of record in the
veteran's claims file.  Based on its review of the relevant
evidence in this matter, and for the following reasons and bases,
it is the decision of the Board that the veteran's substantive
appeal was not timely filed and the Board is without jurisdiction
over the appeal.

FINDINGS OF FACT

The veteran did not file a substantive appeal within 60 days of
the March 26, 1992, statement of the case or within one year of
the May 23, 1991, notice that his claim for pension was denied.

CONCLUSION OF LAW

The veteran did not file a timely substantive appeal on the
denial of his claim for non-service connected pension.
38 U.S.C.A. § 7105 (West 1991); 38 C.F.R. §§ 19.30, 20.200,
20.302 (1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Appellate review is initiated by a notice of disagreement and
completed by a substantive appeal filed after a statement of the
case is furnished to the veteran.  See 38 U.S.C.A. § 7105(a)
(West 1991); 38 C.F.R. § 20.200.  The notice of disagreement must
be filed within one year from the date of mailing of the notice
of the determination.  See 38 U.S.C.A. § 7105(b)(1).  The
substantive appeal must be filed within 60 days from the date the
statement of the case is mailed, or within the remainder of the
one year period from the date of mailing of the notice of
determination, whichever occurs later.  See 38 U.S.C.A.
§ 7105(d)(3); 38 C.F.R. § 20.302(b).  The statement of the case
is sent to the appellant at the latest address of record and a
copy sent to the veteran's representative.  See 38 C.F.R.
§ 19.30.  In the absence of a properly perfected appeal, the
Board is without jurisdiction to determine the merits of the
case.  See 38 U.S.C.A. § 7105; Roy v. Brown, 5 Vet.App. 554
(1993).

In a rating determination issued in May 1991, the RO denied the
veteran's claim for a non-service connected pension.  Notice of
the determination was sent to the veteran on May 23, 1991.  The
veteran filed a notice of disagreement in February 1992, and a
statement of the case was issued in March 1992.  The statement of
the case was dated March 24, 1992, and the cover letter was dated
March 26, 1992.  The veteran filed a VA Form 1-9, Appeal to Board
of Veterans' Appeals, in July 1992.  It was dated June 26, 1992,
and was received at the regional office on July 6, 1992.

The VA Form 1-9 was not filed within 60 days of the statement of
the case and was not filed within one year of the date the notice
of determination was issued to the veteran.  The veteran neither
requested nor was granted an extension of the time limit for
filing the appeal.  Although the veteran stated on the Form 1-9
that he had not received the statement of the case, the record
reveals that the statement of the case was sent to the veteran's
address of record and that a copy of the statement of the case
was sent to the veteran's representative.  On a VA Form 21-4138
dated July 24, 1992, the veteran stated "I received my statement
of case, I do not wish another copy."  On that statement, the
veteran also requested that his claim for pension be re-opened.

The RO developed additional medical evidence and in December 1992
the RO issued a rating determination that again denied the
veteran's claim for a non-service connected pension.  The veteran
was informed of this determination in a supplemental statement of
the case issued in December 1992.  The veteran requested and was
granted additional time in which to submit evidence in support of
his claim.  Additional evidence was submitted and another rating
determination was issued by the RO in March 1993 that again
denied the veteran's claim for a non-service connected pension.
The veteran was informed of this determination in an additional
supplemental statement of the case that was issued in March 1993.
The veteran did not file a notice of disagreement in response to
either of the additional rating determinations that denied his
entitlement to benefits.   Although the RO continued to develop
the veteran's appeal as if it were timely filed, that action is
not sufficient to confer or restore appellate jurisdiction that
does not by statute or regulation exist.

ORDER

The veteran's claim for entitlement to a permanent and total
disability evaluation for  pension purposes is dismissed.

          JOHN E. ORMOND
          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.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a notice of disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.