Citation Nr: 21004298 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 17-48 872 DATE: January 26, 2021 ORDER Entitlement to nonservice-connected pension benefits is denied. FINDING OF FACT Philippine veterans who served in the Philippine Commonwealth Army, including recognized guerilla service, are not eligible for VA non-service-connected pension benefits. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected pension benefits have not been met. 38 U.S.C. § 107; 38 C.F.R. § 3.40. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant asserts that he had qualifying service in the Philippine Army during World War II. In January 2017, the Veteran applied for pension benefits, asserting that he served with the organized Philippine guerilla forces from December 1942 to May 1945. See January 2017 VA Form 21-527EZ. In March 2019, the Board remanded the issue of entitlement to basic eligibility for nonservice-connected pension benefits for additional development. Specifically, the agency of original jurisdiction (AOJ) was instructed to resubmit a request for verification of the appellant’s service to the National Personnel Record Center, to include verification of the appellant’s claimed recognized guerilla service with U.S. Armed Forces units that were identified in his August 2017 correspondence. While the Board recognizes that a completed request for verification of the appellant’s claimed recognized guerilla service has not been received following the March 2019 Board remand – it is clear for the reasons discussed further below that even if such service were verified it would have no bearing on the outcome of the appellant’s claim for entitlement to nonservice-connected pension benefits. Accordingly, further development of the issue as to whether the appellant had recognized guerilla service would not result in any further benefit to the appellant, and would cause an unnecessary delay in the adjudication of the case. Soyini v. Derwinski, 1 Vet. App. 540 (1991) (remand not required when it would impose unnecessary burdens on VA adjudication system with no benefit flowing to the Veteran). Pension Benefits Under 38 U.S.C. § 1513, a veteran of a period of war who is 65 years of age or older and who meets the service requirements found in 38 U.S.C. § 1521(j) is eligible to receive VA non-service-connected pension benefits. However, Philippine veterans are specifically limited by law to the award of a narrowly defined set of benefits. Under 38 U.S.C. § 107, a Philippine veteran who served in the Philippine Commonwealth Army, including certain organized guerilla forces in the service of the U.S. Armed Forces, as well as those veterans who served in the Philippine Scouts, may receive only the following types of benefits: (1) benefits under contracts of National Service Life Insurance entered into before February 18, 1946; (2) payments to missing persons under chapter 10 of title 37 of the U.S. Code; (3) death and disability compensation under chapter 11 of title 38 of the U.S. Code; and (4) dependency and indemnity compensation under chapter 13 of title 38 of the U.S. Code. See 38 U.S.C. § 107(a)(1)-(3), (b); 38 C.F.R. § 3.40. In September 2017 correspondence, the appellant cited 38 C.F.R. § 3.40(c)(1) in support of his claim for entitlement to VA nonservice-connected pension benefits. However, 38 C.F.R. § 3.40(c)(1) authorizes compensation, dependency and indemnity compensation, and burial benefits for qualifying service in the Commonwealth Army of the Philippines. Pension benefits are specifically excluded. As a matter of law, service in the Philippine Commonwealth Army, including recognized guerilla service, is not qualifying service for the purpose of VA pension benefits. In this case, the Board finds there is no prejudice to the Veteran in denying his claim for entitlement to pension benefits. Although the appellant’s service has not been verified, he has consistently reported that he served only in the organized guerilla forces of the Philippines during World War II. In Fazon v. Brown, the Court of Appeals for Veterans Claims (Court) noted that even if the appellant in that case was found to have qualifying guerilla service he would still not be eligible for VA nonservice-connected pension benefits, and therefore, the appellant’s contention that VA should have made further efforts to secure military records did not warrant further consideration. Fazon v. Brown, 9 Vet. App. 319, 321 (1996). Such is the case here, where even if the appellant is found to have qualifying guerilla service, by law, he would still not be eligible for VA nonservice-connected pension benefits. Accordingly, the appellant’s claim for VA nonservice-connected pension benefits must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Mask, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.