BVA9502119 DOCKET NO. 93-05 731 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to basic eligibility to nonservice-connected death pension benefits. REPRESENTATION Appellant represented by: The American Legion INTRODUCTION The veteran had active service from September 18, 1918, to December 13, 1918. This is an appeal from the determination of September 1992 by the St. Petersburg, Florida, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL It is contended that the veteran had 90 days of qualifying service. It is argued that finance records indicate he was still present one day after the indicated discharge date. It is further argued that inclusion of one day of travel time at the beginning and end of his service would provide the required 90 days of service. 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(s). 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 preponderance of the evidence is against the appellant's claim for basic eligibility for nonservice-connected death pension benefits. FINDINGS OF FACT The veteran had less than 90 days of active service and was not discharged or released from wartime service due to a service- connected disability. CONCLUSION OF LAW The appellant is not basically eligible for nonservice-connected death pension benefits. 38 U.S.C.A. §§ 1521, 1541, 5107 (West 1991); 38 C.F.R. § 3.3 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, we note that we have found that the appellant's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, we find that she has presented a claim which is not implausible. Further, after reviewing the record, we are satisfied that all the relevant facts have been fully developed and that the case is properly in appellate status. The service department has certified that the veteran had active service from September 18, 1918, to December 13, 1918, for a total of 87 days. This period included travel time of one day for the veteran to proceed from his place of separation to his home. The veteran died in April 1972. At the time of his death, service connection was not in effect for any disability. The issue on appeal is whether the appellant meets the basic eligibility requirements for death pension benefits. The law provides death pension benefits for surviving spouses of each veteran of a period of war who meet the service requirements for pension benefits provided in 38 U.S.C.A. § 1521, or a veteran who, at the time of death, was receiving or entitled to receive compensation or retirement pay for service-connected disability. 38 U.S.C.A. § 1541 (West 1991). Basic eligibility for pension benefits exists when the veteran had active service of 90 days or more during a period of war or had active service during a period of war and was discharged or released by reason of disability determined to be service connected, or had a service-connected disability that would have justified a discharge for disability, as shown by official discharge records. 38 U.S.C.A. § 1521 (West 1991); 38 C.F.R. § 3.3 (1993). In this case, the veteran served on active duty for less than 90 days. While it has been argued that finance documents were, in part, dated one day after his discharge from service, the fact remains that the service department has certified that the veteran's service ended on December 13, 1918. There could be a number of explanations for the date on the finance documents, particularly since the veteran was returning home to a location within the same state. Moreover, the Department of Veterans Affairs (VA) is bound by the certification of service by the service department. In response to a specific request from the VA to certify the veteran's service, including travel time, the above dates were provided. Any dispute with the dates certified would have to be made with the service department. In addition, it is not shown that the veteran was discharged from service due to disability incurred in service. The evidence does not show, and it is not otherwise contended, that he was discharge from service due to disability. The separation examination is negative for any abnormalities. The certification from the service department indicates that he was discharged for the convenience of the Government, in that his services were no longer required. Further, at the time of the veteran's death, service connection was not in effect for any disability. In light of the veteran's lack of qualifying service of at least 90 days, discharge due to a disability incurred in service, or the presence of a service-connected disability, the appellant does not meet the basic eligibility requirements for nonservice- connected death pension benefits. ORDER Basic eligibility to nonservice-connected death pension benefits is denied. V. L. JORDAN 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.