Citation Nr: 18112840
Decision Date: 06/20/18	Archive Date: 06/20/18

DOCKET NO. 15-04 149A
DATE:	June 20, 2018
ORDER
Entitlement to nonservice-connected pension is denied.
FINDING OF FACT
The Veteran did not have active duty service during a period of war as recognized by VA.
CONCLUSION OF LAW
The criteria for eligibility for nonservice-connected pension have not been met.  38 U.S.C. §§ 101, 1521 (West 2014); 38 C.F.R. §§ 3.2, 3.3, 3.6 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from October 1976 to November 1979.  On the February 2015 VA Form 9, the Veteran requested a Travel Board hearing; however, in August 2016, the Veteran withdrew the hearing request.  38 C.F.R. § 20.704(e) (2017).


Entitlement to nonservice-connected pension
The Veteran seeks non-service-connected pension benefits. 
Nonservice-connected disability pension benefits may be provided to a veteran of a war who has the requisite service and who is permanently and totally disabled.  38 U.S.C. § 1521(a).  A veteran meets such service requirements if such veteran served in the active military, naval, or air service under one of the following conditions: (1) for ninety days or more during a period of war, (2) during a period of war and was discharged or released from such service for a service-connected disability, (3) for a period of ninety consecutive days or more and such period began or ended during a period of war, or (4) for an aggregate of ninety 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)(3).
VA presently recognizes the following as periods of war: January 1, 1817 through December 31, 1898, inclusive; April 21, 1898 through July 4, 1902, inclusive; May 9, 1916 through April 5, 1917; April 6, 1917 through November 11, 1918, inclusive; December 7, 1941 through December 31, 1946, inclusive; June 27, 1950 through January 31, 1955, inclusive; August 5, 1964 through May 7, 1975, inclusive; and August 2, 1990 through a date to be prescribed by Presidential proclamation or law.  38 U.S.C. § 101; 38 C.F.R. § 3.2.
In this case, the Veteran does not have the requisite active duty service during a period of war as recognized by VA.  Specifically, the Veteran’s only period of service from October 1976 to November 1979 took place subsequent to the Vietnam War era (August 5, 1964, through May 7, 1975), and prior to the Gulf War era (in effect since August 2, 1990). Id.  The Veteran does not contend, and the record does not otherwise reflect, that he had any additional periods of service.
In order for the appellant to meet the basic service requirements for nonservice-connected pension benefits, the evidence must establish that he served during a period of war.  The facts clearly show that he did not serve on active duty during a period of war as recognized by VA.  As such, eligibility for nonservice-connected pension benefits is denied as a matter of law because the appellant does not have any wartime active duty service.  Sabonis v. Brown, Vet. App. 426, 429-30 (1994) (where the law is dispositive, the claim must be denied due to a lack of legal merit).
 
JONATHAN B. KRAMER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Ragheb, Counsel