Citation Nr: 21021490 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 15-03 822A DATE: April 13, 2021 ORDER The claim for nonservice-connected pension benefits is denied. FINDING OF FACT The Veteran does not have qualifying wartime service. CONCLUSION OF LAW The criteria for basic eligibility for nonservice-connected pension benefits have not been met. 38 U.S.C. § 1521 (2012); 38 C.F.R. §§ 3.2, 3.3 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Navy on active service from August 1959 to August 1961. This appeal comes before the Board of Veterans Appeals (Board) from a letter denial in May 2014 from the Philadelphia, Pennsylvania Department of Veterans Affairs (VA) Regional Office (RO). In July 2018, the Veteran testified before the undersigned. However, the tape recording of the hearing was found to be inaudible and could not be transcribed. Therefore, in January 2021, the Veteran was provided the opportunity to request another hearing before a Veterans Law Judge and given 30 days within which to respond. The Veteran has not responded; therefore, the Board concludes he does not wish to have another hearing. The Veteran seeks nonservice-connected pension. A Veteran is entitled to nonservice-connected pension benefits if he is permanently and totally disabled from a nonservice-connected disability which is not the result of willful misconduct, provided that he has the requisite service. 38 U.S.C. § 1521 (a); 38 C.F.R. §§ 3.3, 3.314(b). A Veteran meets the service requirements to receive nonservice-connected pension benefits if such veteran served in the active military, naval or air service: (a) for 90 days or more during a period of war; (b) during a period of war and was discharged or released from such service for a service-connected disability; (c) for a period of 90 consecutive days or more and such period began or ended during a period of war; or (d) 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). The Veteran’s DD Forms 214 reflect that he had active service from August 1959 to August 1961. The Veteran reported additional service in the Army Reserves. The periods of war for purposes of establishing eligibility for nonservice-connected pension benefits are set forth in Section 3.2 of Chapter 38 of the Code of Federal Regulations. Pertinent to the Veteran’s claim, Korean conflict wartime service is defined as June 27, 1950 through January 31, 1955, inclusive. Vietnam era wartime service is defined as “[t]he 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”. In all other cases, Vietnam era wartime service is defined as the period beginning on August 5, 1964, and ending on May 7, 1975, inclusive. 38 C.F.R. § 3.2 (f). There is no evidence of record establishing or suggesting the Veteran served in the Republic of Vietnam at any time during his active service. Moreover, the Veteran has not asserted he served in the Republic of Vietnam at any time during his active service or during his reserve service. Therefore, the evidence does not reflect that the Veteran served either during the Korean conflict or Vietnam war eras. Rather, and because the Veteran did not serve in the Republic of Vietnam during his active service, the Veteran’s active service from August 1959 to August 1961 is not considered wartime service. Additionally, although the Veteran indicated he served in the Army Reserves until 1964, there is no evidence, and the Veteran has not asserted there is evidence or that such service meets the 90-day requirement. As the Veteran does not have any qualifying period of active service during wartime, he does not meet the basic eligibility criteria for consideration of entitlement to nonservice-connected pension benefits. The legal criteria in this case are clear. The Veteran did not serve during a period of war as defined by law or regulation. Thus, as he had no wartime service, he is ineligible for nonservice-connected pension benefits. See 38 U.S.C. § 1521(j). Accordingly, the Veteran’s claim for nonservice-connected pension benefits must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426 (1994). L.M. YASUI Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Bakke, Lila J. 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.