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The Veterans Consortium Pro Bono Program

Suaviso v. Nicholson, 2006

  • Organization: CAVC
  • Document Type: Case law/admin decisions
  • Date Created: Friday, December 02, 2016
  • Submitted: Friday, December 02, 2016
  • Attachment(s): PDF

Before KASOLD, MOORMAN, and SCHOELEN, Judges.
KASOLD, Judge: Mrs. Pilar F. Suaviso, the surviving spouse of World War II veteran Victoriano S. Suaviso, appeals pro se a July 16, 2004, decision of the Board of Veterans' Appeals (Board) that determined that she had failed to present new and material evidence sufficient to warrant reopening a previously disallowed and final claim for non-service-connected death pension benefits.  For the reasons set forth below, the decision of the Board will be affirmed.
Without questioning the "active service" of Mr. Suaviso in support of the United States, the fact remains that the law does not permit an award of VA non-service-connected pension benefits for service in the New Philippines Scouts, be it active or otherwise.  See Manlincon and Laruan, both supra.  Upon review of the record on appeal in its entirety, the 2004 Board's determination that the evidence submitted by Mrs. Suaviso was not new and material because it did not demonstrate service by her husband that could qualify for VA pension benefits and its findings of fact supporting that decision are plausible and therefore are not clearly erroneous.  See Elkins, supra; Gilbert v. Derwinski, 1 Vet.App. 49, 52 (1990) (Board's findings of fact are reviewed under the "clearly erroneous" standard of review and may not be reversed or revised unless the Board's findings are not plausible and, therefore, are clearly erroneous); see also 38 U.S.C. § 5108; 38 C.F.R. § 3.156.
Upon consideration of the foregoing, the decision of the Board is affirmed. AFFIRMED.