Citation Nr: 18159434
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-26 945
DATE:	December 19, 2018
ORDER
Entitlement to nonservice-connected pension is denied.
FINDING OF FACT
The Veteran did not serve in the active military, naval, or air service during a period of war.
CONCLUSION OF LAW
The criteria for entitlement to nonservice-connected pension have not been met.  38 U.S.C. §§ 1501, 1521; 38 C.F.R. §§ 3.2, 3.3, 3.314.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from October 1961 to November 1962.  A hearing was not requested.  
In March 1998, the Board denied a prior claim of entitlement to nonservice-connected pension.  That decision was not appealed and is final.  New and material evidence is not required in a pension case.  Abernathy v. Principi, 3 Vet. App. 461, 464 (1992).
1. Entitlement to nonservice-connected pension
The Veteran seeks entitlement to nonservice-connected pension benefits.  Eligibility for VA pension benefits requires an initial showing that a veteran served on active duty for at least 90 days during a period of war.  38 U.S.C. § 1521; 38 C.F.R. §§ 3.2, 3.3.  The term “period of war” is defined by statute to mean the Spanish-American War (from April 21, 1898 to July 4, 1902), the Mexican Border Period (from May 9, 1916 to April 5, 1917), World War I (April 6, 1917 to November 11, 1918), World War II (December 7, 1941 to December 31, 1946), the Korean Conflict (June 27, 1950 to January 31, 1955), the Vietnam Era (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), and the Persian Gulf War (from August 2, 1990 and ending on a date yet to be prescribed).  38 U.S.C. § 101; 38 C.F.R. § 3.2.  
Applicable regulations provide that the term “active military, naval, or air service” includes active duty, any period of active duty for training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training (INACDUTRA) during which the individual concerned was disabled from an injury incurred or aggravated in line of duty.  38 U.S.C. §§ 101(21), (24); 38 C.F.R. § 3.6.
The record establishes that the Veteran had active service from October 1961 to November 1962.  This period corresponds to the portion of the Vietnam Era that is only considered a “period of war” for veterans who actually served in the Republic of Vietnam.  The Veteran does not argue that he ever served in Vietnam.  His military personnel files indicate service in Puerto Rico, North Carolina, and South Carolina, but does not indicate service in Vietnam.  Furthermore, while the Veteran served in the Army Reserves for several years following his discharge from service, there is no evidence or argument that he suffered any injury during that period.  
For these reasons, the Board finds that the Veteran did not serve during a period of war.  He therefore does not meet the initial criteria for pension benefits.  Thus, the law is dispositive, and the Veteran’s pension claim must be denied as a matter of law.  See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).  
 
Michael J. Skaltsounis
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Cannon, Associate Counsel