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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1009609.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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