The Veteran's son is not entitled to benefits under the provisions of 38 U.S.C.A. § 1805 or 38 U.S.C.A. § 1815 as he does not have spina bifida and his mother did not serve in Vietnam.
The deciding factor: The appellant has not provided evidence that he has any qualifying birth defects, nor has his mother served in the Republic of Vietnam during the Vietnam era.
- Claimed conditions
- spina bifida, undescended testicle, heart murmur, curve in the spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 14, 2009
- Citation
- 0913843
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 0913843.
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: 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.
- Whole decision: Granted
The Board has granted service connection for heart murmur and allergic rhinitis, finding the current conditions are related to service. Service connection was denied for headaches and residuals of traumatic brain injury due to lack of evidence linking these conditions to service.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for a heart condition due to severe electrocution, as there is insufficient evidence in the record to determine if his symptoms are related to his active service.
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