The veteran's son, who was born in 1951 and diagnosed with poliomyelitis as a child, had his nonservice-connected death pension benefits terminated due to marriage. The Board denied reinstatement of the benefits because he married after November 1, 1990, which is when the law barred such reinstatement.
The deciding factor: The claimant's April 1985 marriage was not dissolved prior to November 1, 1990, and his August 1998 divorce occurred several years later. The law bars reinstatement of benefits for children who married after this date.
- Claimed conditions
- residuals of poliomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 13, 2001
- Citation
- 0126248
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0126248.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has determined that the Veteran's current poliomyelitis residuals (lower extremity polyneuropathy) were incurred in service and granted service connection for these conditions.
- Whole decision: Granted
The Board has reopened the Veteran's claim of service connection for residuals of poliomyelitis, right lower extremity and has determined that new and material evidence has been received. The Veteran is now entitled to a grant of service connection for his current right Achilles tendon surgical residuals.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased evaluation for residuals of poliomyelitis is being remanded due to the need for additional medical records and a VA examination.
- Whole decision: Denied
The Veteran's claim for a higher rate of SMC based on need for aid and attendance is denied as the disability requiring such assistance is due to his service-connected residuals of poliomyelitis, not separate disabilities.
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