Citation Nr: 22016582 Decision Date: 03/22/22 Archive Date: 03/22/22 DOCKET NO. 18-37 270 DATE: March 22, 2022 ORDER Entitlement to nonservice-connected (NSC) pension benefits is denied. FINDING OF FACT The Veteran did not have active military, naval, or air service during a period of war. CONCLUSION OF LAW The criteria for NSC pension benefits are not met. 38 U.S.C. § 101, 1501, 1521; 38 C.F.R. § 3.2, 3.3, 3.314. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1977 to April 1980. This current matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2018 decision by a Department of Veterans Affairs (VA) Regional Office (RO). The record reflects that the Veteran failed to report to a Board hearing that was scheduled in December 2021, without providing good cause for his absence. 38 C.F.R. § 20.603(d). Entitlement to NSC pension benefits To establish eligibility for NSC pension benefits, the evidence must show, among other things, that a veteran has the requisite active wartime service. 38 U.S.C. § 1521(a); 38 C.F.R. § 3.3, 3.314(b). A veteran meets the service requirements if he served in the active military, naval, or air service, (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. 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 C.F.R. § 3.2. While the Veteran initially indicated in his January 2018 claim that he served on active duty from March 1977 to March 1980, review of his DD Form 214, associated with the record, confirms that he served on active duty with the United States Marine Corp from April 1977 to April 1980. Thus, his only period of active service began subsequent to the Vietnam era (which ended on May 7, 1975), and he was discharged from active service prior to the beginning of the Persian Gulf era, which commenced on August 2, 1990. There is no allegation or confirmation of any additional period of service in the Veteran's claims file. The Board is sympathetic to the Veteran's contentions and gratefully recognizes his honorable service and commitment to his country. However, the Board is bound by the law, and this decision is dictated by the relevant statutes and regulations. As periods of war are defined by statute, the Board does not have jurisdiction to extend those periods for equitable reasons. 38 U.S.C. §§ 503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). Accordingly, as the Veteran did not have qualifying service during a period of war recognized by VA, basic eligibility for NSC pension benefits is not established, and his claim must be denied as a matter of law. Sabonis v. Brown, Vet. App. 426, 429 (1994). THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Wilson, 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.