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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0913843.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.