Citation Nr: 18140053
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 15-15 952
DATE:	October 2, 2018
ORDER
Nonservice-connected pension is denied.
FINDING OF FACT
The Veteran served on active duty from October 1975 to October 1978, which is not during a period of war; he did not have any other period of active service.
CONCLUSION OF LAW
The criteria for nonservice-connected pension have not been met. 38 U.S.C. §§ 101, 1521 (2012); 38 C.F.R. §§ 3.2, 3.3 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
As a procedural matter, the Veteran testified at a Travel Board hearing held before the undersigned Veterans Law Judge in May 2016. A transcript of the hearing is of record. He contends that he has an ankle disorder that made it hard for him to work.
VA law authorizes the payment of a nonservice-connected pension benefits to a wartime veteran who has the requisite service and who is permanently and totally disabled. Basic entitlement exists if a veteran: (1) served in the active military, naval or air service for ninety (90) days or more during a period of war; (2) is permanently and totally disabled from nonservice-connected disability not due to his/her own willful misconduct; and (3) meets the net worth requirements under 38 C.F.R. § 3.274, and does not have an annual income in excess of the applicable maximum annual pension rate (MAPR) specified in 38 C.F.R. §§ 3.3, 3.23. 38 U.S.C. §§ 1502, 1521; 38 C.F.R. § 3.3.
The term “period of war” includes the Vietnam era, dating from February 28, 1961 to May 7, 1975, for veterans serving in Vietnam, and from August 5, 1964 to May 7, 1975, for all other cases. After the Vietnam era, the next period of war began August 2, 1990 with the Persian Gulf War period. See 38 U.S.C. § 101; 38 C.F.R. § 3.2.
VA’s determination of whether a claimant’s service meets the threshold statutory requirements is dependent upon service department records verifying the character of a claimant’s service. See 38 C.F.R. § 3.203. A claim for nonservice-connected pension benefits by a claimant whose service department records fail to show the threshold eligibility lacks legal merit or legal entitlement and the claim must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).
In this case, the Veteran’s DD Form 214 establishes that he served on active duty from October 1975 to October 1978. This period falls outside of any “period of war.” As noted above, the Vietnam Era period of war ended on May 7, 1975, approximately five months prior to his enlistment. Service department records do not show that he had any other period of active service and he acknowledged at the hearing that he had no other service periods. 
Accordingly, he is not eligible, by statute, for nonservice-connected pension benefits, because he did not serve at least one day during a period of war as defined in 38 C.F.R. § 3.2.
As the basic eligibility requirements are not satisfied, entitlement to nonservice-connected pension benefits must be denied as a matter of law. See Sabonis v. West, 6 Vet. App. 426, 430 (1994).
Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration.  See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).
 
L. HOWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Redman, Counsel