Citation Nr: 18149602 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 15-37 442 DATE: November 9, 2018 REMANDED Entitlement to nonservice-connected pension is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1976 to November 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota, which determined that the Veteran did not have qualifying service for pension purposes. In August 2018, the Veteran testified during a Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Entitlement to nonservice-connected pension is remanded. The Veteran seeks non-service connected VA pension benefits. Pension is a benefit payable by VA to veterans of a period of war who meet the service requirements prescribed in 38 U.S.C. § 1521(j) because of a disability, or to survivors of such veterans. 38 U.S.C. § 1541(a); 38 C.F.R. § 3.3(b)(4). Basic entitlement exists if (i) the veteran served in the active military, naval or air service for 90 days or more during a period of war; (ii) is permanently and totally disabled from nonservice-connected disability not due to his or her own willful misconduct; and (iii) meets the net worth requirements under 38 C.F.R. § 3.274, and does not have an annual income in excess of the Maximum Annual Pension Rate (MAPR) specified in 38 C.F.R. § 3.23. See 38 U.S.C. §§ 1502, 1521(j); 38 C.F.R. § 3.3(a). With regard to the necessary service requirements in particular, a veteran meets this condition if he or she served in active military, naval, or air service under one of the following conditions: (1) for 90 days or more during a period of war; (2) during a period of war and was discharged or released from service for a service-connected disability; (3) for a period of 90 consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war. 38 U.S.C. § 1521(j); 38 C.F.R. § 3.3(a). The Agency of Original Jurisdiction (AOJ) determined that the Veteran did not have the requisite wartime service, given that his service from July 1976 to November 1976 was not during a period of war. Pursuant to regulation, the Vietnam era is recognized as the period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period begins on August 5, 1964, and ends on May 7, 1975, inclusive, in all other cases. 38 C.F.R. § 3.2. The December 2014 decision reflects that the AOJ based its determination on verified service from the Beneficiary Identification Records Locator Subsystem (BIRLS) and the Veterans Assistance Discharge System (VADS); the Veteran’s DD214, service personnel records, and service treatment records have not been associated with the claims file, and it does not appear that any efforts to obtain these records have been undertaken. Given that this matter is dependent upon the dates of the Veteran’s verified service, remand to obtain these records is warranted. The matter is REMANDED for the following action: 1. All service personnel and treatment records from the Veteran’s service should be obtained and associated with the claims file, to particularly include the Veteran’s DD214. If these records are unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e). 2. The AOJ should undertake any additional development it deems warranted. 3. Then, the AOJ should readjudicate the Veteran’s claim. If the benefits sought on appeal are not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. E. Wilkerson, Counsel