The appellant's claim for VA compensation for birth defects of a child born to a Vietnam veteran is denied as there is no legal merit due to the absence of spina bifida in his mother, who served in the military but not in the Republic of Vietnam.
The deciding factor: There is no provision under which to allow a grant of the benefit sought on appeal because the statutory and regulatory requirements have not been met. The appellant's only parent who served in the military in the Republic of Vietnam is his father, and he does not have spina bifida.
- Claimed conditions
- early appearance of permanent teeth, asthma, kidney stones, large stools due to larger-than-normal intestines for his age, vomiting, concentration and memory problems, excessive sleeping
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2010
- Citation
- 1009609
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 1009609.
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
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- Partly granted
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- Granted
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