Citation Nr: 21023625 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 18-30 995 DATE: April 21, 2021 ORDER Entitlement to nonservice-connected pension is denied. FINDING OF FACT The Veteran is not shown to have had any active service during a period of war. CONCLUSION OF LAW The eligibility criteria for nonservice-connected pension have not been met.  38 U.S.C. § 1521; 38 C.F.R. § 3.3. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1985 to December 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 decision. The Veteran presented testimony before the Board in February 2021. Entitlement to nonservice-connected pension benefits The question before the Board is whether the Veteran has established threshold eligibility for VA nonservice-connected pension benefits. The law authorizes the payment of nonservice-connected disability pension to a Veteran of a war who has the requisite service and who is permanently and totally disabled. 38 U.S.C. §§ 1502, 1521. A veteran has met the necessary service requirements if he served in active military, naval, or air service under one of the following conditions: (1) for 90 days or more during a period of war; (2) during a period of war and was discharged or released from service for a service-connected disability; (3) for a period of 90 consecutive days or more and such period began or ended during a period of war; or (4) 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); 38 C.F.R. A review of the record shows that the Veteran served on active duty from December 1985 to December 1988. The Vietnam Era ended May 7, 1975, and the Persian Gulf War did not begin until August 2, 1990. Thus, his active service cannot be considered qualifying service toward the requisite 90-day threshold for purposes of determining eligibility for a non-service-connected pension. 38 U.S.C. § 101; 38 C.F.R. §§ 3.2, 3.6. The Board is aware the Veteran testified that he had two years inactive duty following his discharge from service; however, any period of inactive ready reserves does not constitute active service during a period of war. Moreover, the evidence does not show, nor does the Veteran contend, that he was recalled to active duty service during a period of war or in this instance, in support of Operations Desert Shield and/or Storm. As the Veteran did not have any qualifying wartime service, he does not meet the basic eligibility requirements for VA nonservice-connected pension benefits. In this case, the law is dispositive. Given the Veteran’s testimony and the documents regarding the Veteran’s service, there is no development that could be done that could substantiate any possible entitlement to the benefit sought. While the Board is sympathetic to the Veteran, Congress has specifically limited nonservice-connected pension benefits to the class described above, and the Board must follow the laws and regulations regarding veterans benefits. Accordingly, his claim must be denied as a matter of law. Sabonis v. Brown, 6 Vet. App. 426 (1994). Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. L. Wallin, 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.