The appellant's claim for monetary benefits for spina bifida as an individual whose biological parent was a Vietnam veteran is denied due to the absence of legal merit. The term 'Vietnam veteran' refers only to those who served in the Republic of Vietnam, and the appellant's father did not serve there.
The deciding factor: The term 'Vietnam veteran' under applicable regulations means a person who performed active military service in the Republic of Vietnam during the specified period, without regard to the characterization of the person's service. The appellant's father was not a Vietnam veteran as defined by law.
- Claimed conditions
- spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2003
- Citation
- 0332786
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0332786.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is denied because no new and relevant evidence has been submitted to support the claim.
- Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, her mother is not a Vietnam Veteran, and there is no legal basis to grant benefits.
- Denied
The Veteran's service in Vietnam did not qualify the Appellant for benefits due to spina bifida or other covered birth defects, as her mother is not a Vietnam Veteran.
- Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, his mother is not a Vietnam Veteran, and there is no legal basis to grant the claim.
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