Aguilar v. Derwinski

NEBEKER, Chief Judge, filed the opinion of the Court, in which FARLEY, Associate Judge, joined. KRAMER, Associate Judge, filed a separate concurring opinion.

NEBEKER, Chief Judge:

Appellant, Susana J. Aguilar, seeks review of a July 5, 1989, Board of Veterans’ Appeals (BVA) decision which denied her claim for a widow’s pension because she had not provided new and material evidence sufficient to grant a reopening of her claim. We affirm the BVA decision on a ground not considered by the BVA, and hold that appellant never proved her status as a claimant.

On September 3, 1953, appellant applied for…