The Veteran's son was born with a cleft palate and mild mental retardation, but there is no evidence linking these conditions to the Veteran's service in Vietnam or herbicide exposure. The claim for VA compensation under 38 U.S.C.A. § 1815 is denied.
The deciding factor: The claimant does not meet the legal criteria for benefits as his mother was not a veteran exposed to herbicides, and mild mental retardation is not covered by the statute.
- Claimed conditions
- cleft palate, mild mental retardation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 9, 2009
- Citation
- 0913253
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 0913253.
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.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to the need for a VA examination to determine the etiology of the Veteran's claimed residuals from oral surgery. The issues are inextricably intertwined with the claim for service connection for residuals from oral surgery.
- Whole decision: Remanded (sent back)
The Veteran's stepdaughter, K.J., is claimed to be a 'helpless' child due to her mild mental retardation and bilateral leg condition. The Board has ordered the VA to obtain private treatment records from Harwood Center and any related Department of Labor records.
- Whole decision: Granted
The Veteran's service-connected disabilities are rated at 100 percent, allowing them to receive VA dental treatment for their conditions.
- Whole decision: Granted
The Veteran's daughter, J.C., was found to be permanently incapable of self-support prior to her 18th birthday due to various disabilities. The Board granted recognition as a helpless child.
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