The Board denied the veteran's application to reopen her claim for compensation for one child being born with cerebral palsy and one child being stillborn, as new and material evidence was not submitted.
The deciding factor: New evidence did not raise a reasonable possibility of substantiating the claim due to lack of legal entitlement under existing regulations.
- Claimed conditions
- cerebral palsy, stillbirth
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904139
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0904139.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's daughter, A., who was rendered incapable of self-support due to multiple health conditions since childhood and has been receiving Social Security Administration benefits since she was 14 years old, is granted an upward adjustment based on her as the Veteran's dependent helpless child effective May 8, 2006.
- Denied
The Board has denied service connection for various conditions, including sinusitis, lumbar spine disorder, cervical strain, radiculopathy of the left arm, cerebral palsy, arteriosclerotic heart disease, hypertension, and a left elbow disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.
- Remanded (sent back)
The Veteran is seeking service connection for his preexisting cerebral palsy, which he contends worsened during his 35 days of active duty. The Board has remanded the case due to inadequate VA examination and needs an addendum opinion from a medical professional.
- Remanded (sent back)
The Veteran's adult daughter, A.G., is not considered a veteran’s child for disability compensation purposes due to her age and disabilities. The Board has ordered additional medical records from Dr. R.T. to determine if A.G. can support herself.
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