BVA9502158 
DOCKET NO.  93-06 075     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUE

Entitlement to nonservice-connected disability pension benefits.

ATTORNEY FOR THE BOARD

John R. Pagano, Counsel

INTRODUCTION

The veteran completed 10 years and 7 months of active military
service in November 1977.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from the Department of Veterans Affairs (VA), Atlanta,
Georgia, Regional Office (RO).

In correspondence received from the veteran in September 1992 and
January 1993, the issue of his entitlement to service connection
for arthritis was raised.  This issue has not been developed or
certified for appeal.  Accordingly, it is referred to the RO for
any action deemed appropriate.

DECISION OF THE BOARD

The 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 dismissal of the veteran's claim of entitlement to
nonservice-connected disability pension benefits is warranted.

FINDING OF FACT

The veteran did not appeal the RO's July 1992 denial regarding
nonservice-connected disability pension benefits.

CONCLUSION OF LAW

The veteran's claim of entitlement to nonservice-connected
disability pension benefits is improperly before the Board.
38 U.S.C.A. § 7104, 7105 (West 1991); 38 C.F.R. § 20.101, 20.201,
20.202 (1993).

REASONS AND BASES FOR FINDING AND CONCLUSION

By decision dated in July 1992, the RO denied the veteran's
pending claim of entitlement to nonservice-connected disability
pension benefits.  In September of

that year, the veteran submitted a letter to the RO requesting
that he be furnished a statement of the case because the decision
that was made was unfair and unjust.  In that letter, the veteran
referred only to the development of arthritis during his military
service; he made no mention of his desire to appeal the RO's
denial of nonservice-connected disability pension benefits.

In December 1992, the RO furnished the veteran a statement of the
case which was limited to the issue of entitlement to a permanent
and total disability evaluation for pension purposes.  The
veteran responded on VA Form 9 in January 1993; therein, he again
referred to the development of arthritis during service.
However, he made no reference to the RO's denial of nonservice-
connected disability pension benefits.  In March of that year,
the RO certified the case to the Board on the limited issue of
the veteran's entitlement to nonservice-connected disability
pension benefits.

Appellate review will be initiated by a notice of disagreement
and completed by a substantive appeal after a statement of the
case is furnished as prescribed in this section; while special
wording is not required, the notice of disagreement must be in
terms which can be reasonably construed as disagreement with a
given determination, and a desire for appellate review.
38 C.F.R. § 20.201 (1993).  Similarly, a substantive appeal must
either indicate that the appeal is being perfected regarding a
specific issue, and should set out specific arguments relating to
errors of fact or law made by the RO in reaching a given
determination.  38 C.F.R. § 20.202 (1993).

In July 1992, the RO notified the veteran that the evidence did
not establish that his disabilities were severe enough to prevent
substantially gainful employment.  This was in response to his
application for nonservice-connected disability pension benefits.
At no time since then, has any correspondence from the veteran
specified his disagreement with that denial, or his intention to
appeal that determination.  As such, the Board is without
jurisdiction to review the issue certified by the RO for appeal.
See 38 U.S.C.A. § 7104(a) (West 1991); 38 C.F.R. § 20.101(a)
(1993).

ORDER

The appeal is dismissed.

          CHARLES E. HOGEBOOM
          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.