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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0913253.
What this means for you
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What you can do next
Related decisions
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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.
- Granted
The Veteran's service-connected disabilities are rated at 100 percent, allowing them to receive VA dental treatment for their conditions.
- 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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