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Whole decision: Denied

The veteran's claim for benefits based on birth defects of his child or miscarriages of his spouse, claimed as due to herbicide exposure, is denied. The Board finds that there is no legal basis for the claim because the conditions are not recognized as birth defects and the parties are not veterans.

The deciding factor: The veteran's child has been diagnosed with a dislocated hip and toe deformity, which do not qualify as recognized birth defects under VA regulations. Additionally, the parties (the child and spouse) are not considered veterans for purposes of service connection.

Claimed conditions
dislocated hip, toe deformity
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
October 24, 2008
Citation
0836723

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. Search VA.gov for the original decision (opens in a new tab) using citation 0836723.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

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