The VA has granted the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, but assigned Level I benefits instead of the requested Level II. The case is being remanded to reassess the appellant's current level of disability due to his spina bifida.
The deciding factor: The VA has not provided sufficient evidence regarding whether the appellant requires braces or other external support as his primary means of mobility in the community, which is a requirement for Level II benefits under 38 C.F.R. § 3.814(d)(1).
- Claimed conditions
- spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2007
- Citation
- 0718443
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 0718443.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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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