The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, finding that she has been diagnosed with spina bifida occulta and is not entitled to the benefit as it applies only to all forms and manifestations of spina bifida except spina bifida occulta.
The deciding factor: The appellant's diagnosis of spina bifida occulta was excluded by statute from the types of spina bifida for which benefits under 38 U.S.C.A. § 1805 are payable, as it specifically applies with respect to all forms and manifestations of spina bifida except spina bifida occulta.
- Claimed conditions
- spina bifida occulta
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2006
- Citation
- 0629019
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 0629019.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815, finding that she does not have a form or manifestation of spina bifida other than spina bifida occulta, and her mother is not a Vietnam Veteran.
- Denied
The Board denied the appellant's claim for benefits under 38 U.S.C. § 1805 for spina bifida, as he does not have a diagnosis of spina bifida other than spina bifida occulta.
- Partly granted
The Board denied benefits for a child born with birth defects and spina bifida, but granted service connection for spina bifida occulta.
- Denied
The Board denied benefits for spina bifida occulta as the Appellant does not meet the criteria for benefits under 38 U.S.C. § 1805.
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