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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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