Citation Nr: 18149611
Decision Date: 11/13/18	Archive Date: 11/09/18

DOCKET NO. 15-14 801
DATE:	November 13, 2018
ORDER
Entitlement to death pension is denied.
FINDING OF FACT
The Veteran did not serve during a recognized period of war.
CONCLUSION OF LAW
The criteria for entitlement to death pension have not been met. 38 U.S.C. § 1521 (2012); 38 C.F.R. §§ 3.2, 3.3 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from May 1983 to March 1988.  He died in August 2013.  The appellant is his surviving spouse.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal a March 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO), Pension Management Center in St. Paul, Minnesota.
Entitlement to Death Pension
The appellant seeks death pension benefits based upon the Veteran's service. 
Death pension benefits are generally available for surviving spouses as a result of a veteran's nonservice-connected death. 38 U.S.C. § 1541(a).  An appellant is entitled to these benefits if the veteran served for 90 days or more, part of which was during a period of war; or, if the veteran served during a period of war and was discharged from service due to a service-connected disability or had a disability determined to be service-connected that would have justified a discharge for disability; and, if the appellant meets specific income and net worth requirements. 38 U.S.C. § 1541(a); 38 C.F.R. § 3.3(b)(4). 
A "period of war" for pension purposes currently includes the Mexican Border Period, World War I, World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War. 38 U.S.C. § 1501(4); 38 C.F.R. § 3.2. Under 38 C.F.R. § 3.2(f), the Vietnam era is the period beginning on February 28, 1961 and ending on May 7, 1975 if the Veteran served in the Republic of Vietnam during that time.  If the Veteran did not serve in Vietnam, the period is from August 5, 1964 to May 7, 1975.  Pursuant to 38 C.F.R. § 3.2(i), the Persian Gulf period of war commenced on August 2, 1990 and will end on some future date prescribed by a presidential proclamation.  
The Veteran served on active duty from May 1983 to March 1988.  His service occurred after the Vietnam War era and before the Persian Gulf War.  Thus, as the Veteran did not serve during a period of war, the appellant is not entitled to death pension benefits.
The appellant does not indicate, nor does the record otherwise reflect, that the Veteran had any additional qualifying service.  She reported that he served in Grenada during the Grenada conflict and contends that VA should recognize the invasion of Grenada as a period of war.  The Board understands the appellant's frustration that the years during which the Veteran served affects the type of benefits to which she, as his surviving spouse, is entitled to receive.  However, the Board has no discretion with respect to setting the criteria for eligibility and must apply the law as written by Congress.
As there is no legal basis for nonservice-connected death pension, the appellant’s claim for nonservice-connected death pension benefits is denied. 38 U.S.C. § 101; 38 C.F.R. §§ 3.1, 3.6; Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). 

 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. E. Wilkerson, Counsel