BVA9505757 
DOCKET NO.  93-06 906     )       DATE
          )
          )

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

THE ISSUE

Entitlement to a permanent and total disability rating for
pension purposes.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

James L. March, Associate Counsel

INTRODUCTION

The appellant had service in the Philippine Scouts from August
1946 to March 1949.  This appeal comes to the Board of Veterans'
Appeals (Board) from a September 1992 decision of the Department
of Veterans Affairs (VA) Regional Office (RO) in Manila,
Philippines.  In March 1993 the veteran testified before the
Board member signing below in San Francisco, California.

CONTENTIONS OF APPELLANT ON APPEAL

The appellant contends that he is entitled to pension benefits
based on his service with the Philippine Scouts from August 1946
to March 1949.  In essence, he alleges that he is permanently and
totally disabled.

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 appellant'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 appellant's claim for pension benefits is not
legally sufficient.

FINDING OF FACT

The appellant served on active duty only in the Philippine Scouts
from August 1946 to March 1949.

CONCLUSION OF LAW

The appellant's claim for pension benefits is legally
insufficient.  38 U.S.C.A. § 107 (West 1991); 38 C.F.R. § 3.8(b)
(1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Service in the Philippine Scouts under Section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 shall not be deemed to
have been active military, naval or air service for the purposes
of any laws administered by VA except with respect to specified
contracts of the National Service Life Insurance and Chapters 11
and 13 (except section 1312(a)) of this title.  38 U.S.C.A.
§ 107(b).  Chapter 11 deals exclusively with compensation for
service-connected disability or death.  Chapter 13 deals
exclusively with dependency and indemnity compensation for
service-connected death.  Service of persons enlisted under
Section 14, Public Law 190, 79th Congress (Act of October 6,
1945), is included for compensation and dependency and indemnity
compensation--but not for pension.  All enlistments and
reenlistments of Philippine Scouts in the Regular Army between
October 6, 1945, and June 30, 1947, inclusive, were made under
the provisions of Public Law 190, as it constituted the sole
authority for such enlistments during that period.  38 C.F.R.
§ 3.8(b).

Initially, we note that the service department has certified, and
the appellant has conceded, that the appellant had active duty
only with the Philippine Scouts from August 1946 to March 1949.
We note that the Board is bound by the service department's
certification in determining whether an appellant has recognized
service.  Duro v. Derwinski, 2 Vet.App. 530 (1992).  In the
instant case, although the appellant had active service during a
period of war, by law he is not entitled to pension benefits.
His only wartime service was with the Philippine Scouts, and the
law specifically excludes such service for purposes of
entitlement to pension benefits.  Consequently, the Board finds
that there is no legal basis on which the appellant's claim can
be based.  As the law and not the evidence is dispositive in this
case, the appeal is terminated due to absence of legal merit.
See Sabonis v. Brown, 6 Vet.App. 426, 430 (1994).

ORDER

The appeal is denied.

          J.J. SCHULE
          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.