BVA9500873 
DOCKET NO.  93-02 351     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Diego,
California

THE ISSUE

Entitlement to an earlier effective date for a 100 percent rating
for human immunodeficiency (HIV) infection with depression prior
to January 15, 1992.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Alice A. Booher, Counsel

INTRODUCTION

The veteran had active service from May 1979 to July 1988.

This appeal was certified from a July 1992 rating action by the
Department of Veterans Affairs (VA) Regional Office (RO) in San
Diego, California.  A statement of the Case was issued in July
1992.  Prior to that decision, the veteran had requested a
personal hearing before the Board of Veterans Appeals (the Board)
in Washington, D.C.; in August 1992, he withdrew that request and
asked for a copy of the July 1992 rating decision.

A VA Form 1-646 was submitted by the veteran's authorized
representative, Disabled American Veterans, dated January 14,
1993.  The representative saw no necessity for further pursuit of
the veteran's claim, as a 100 percent rating had been assigned
for his HIV infection with depression.  The representative
further stated that
We notified the veteran of the complete
grant of benefits sought on appeal by
telephone call on 07/30/92.  The veteran
responded to our advance unofficial
notification by voicing his complete
satisfaction with the Rating Decision of
07/10/92, and further indicating that he
would make a direct request for a copy of
the rating decision and would then withdraw
his appeal.  The veteran has since moved
from this area, and we have been unable to
contact him for current verification of his
withdrawal of the appeal.  But the veteran
did specifically express his satisfaction
with all aspects of the Rating Decision of
07/10/92 (including the effective date)
during the telephone conversation with this
service officer on 07/30/92.

A letter was subsequently sent to the veteran by the RO, dated
January 29, 1993, to the effect that his case had been certified
to the Board.  A written presentation was made by his
representative, Disabled American Veterans, on June 4, 1993.  The
veteran did not file a VA Form 9 or contact the VA indicating a
wish to pursue his appeal subsequent to the January 1993
correspondence from his representative.

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 the veteran has withdrawn his claim for an earlier
effective date for a 100 percent rating for HIV infection with
depression; absent a question of fact or law over which the Board
has jurisdiction, the case is dismissed.

FINDINGS OF FACT

1.  The case is before the Board on the issue of entitlement to
an earlier effective date for a 100 percent rating for human
immunodeficiency (HIV) infection with depression prior to January
15, 1992.

2.  The veteran has conveyed his intention not to pursue his
appeal on that issue.

CONCLUSION OF LAW

The appeal as to the certified issue has been withdrawn by the
veteran; there are no issues in appellate status.  38 U.S.C.A.
§ 7105 (West 1991); 38 C.F.R. §§ 20.202, 20.204 (b), (c) (1993).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Under the authority contained within 38 U.S.C.A. § 7105, the
Board may dismiss any appeal which fails to allege specific error
of fact or law in the determination being appealed.  A
substantive appeal may be withdrawn in writing at any time before
the Board promulgates a decision.  38 C.F.R. §§ 20.202,
20.204(b).  Withdrawal may be made by the appellant or by his or
her authorized representative.  38 C.F.R. § 20.204(c).  As for
the issue certified in the current appeal, namely an earlier
effective date for a 100 percent rating for human
immunodeficiency (HIV) infection with depression prior to January
15, 1992, the veteran never filed a substantive appeal and has
made it clear to his representative, and the representative has
clearly conveyed to this Board, that he is no longer pursuing
that issue on appeal.  Since the veteran has withdrawn his
appeal, and the essential elements for an appeal, namely
allegations of errors of fact or law, have not been entered, this
appeal, on the issue certified, is dismissed without prejudice.

ORDER

The appeal for an earlier effective date for a 100 percent rating
for human immunodeficiency (HIV) infection with depression prior
to January 15, 1992, is dismissed.

          THOMAS J. DANNAHER
          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.