Citation Nr: 21031403
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 18-55 613
DATE: May 21, 2021

ORDER

Entitlement to nonservice-connected pension benefits is denied.

FINDING OF FACT

The Appellant 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

This matter comes before the Board of Veteran's Appeals (Board) on appeal from an April 2018 decision.  In May 2021, the Appellant withdrew his request for a hearing before the Board. 

Entitlement to nonservice-connected pension benefits

The question before the Board is whether the Appellant 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 Appellant served on active duty from February 1977 to November 1977.  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.  

As the Appellant did not have any qualifying wartime service, he does not meet the basic eligibility requirements for VA nonservice-connected pension benefits. While the Board is sympathetic to the Appellant, 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).  

 

 

E. I. VELEZ

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.