The Board has determined that the Appellant is entitled to benefits under 38 U.S.C.A. § 1805 for spina bifida, as her biological father served in Vietnam and she was born with a form of spina bifida.
The deciding factor: The evidence shows that the Veteran's biological father served in Vietnam and there is competent medical evidence that the Appellant has a form of spina bifida, which is not spina bifida occulta or other neural tube defects such as encephalocele and anencephaly.
- Claimed conditions
- Chiari II malformation, congenital hydrocephalus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2010
- Citation
- 1013302
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 1013302.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815 because he does not have spina bifida other than spina bifida occulta, his mother is not a Vietnam Veteran, and there is no legal basis to grant benefits.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the appellant's condition and need for a VA examination.
- Granted
The Board has determined that the veteran's son is a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 years.
- Granted
The Board has determined that the appellant's specific condition of occipital encephalocele, Chiari II malformation, hydrocephalus, and cervical syringomyelia falls within the spectrum of spina bifida. As her mother served in Vietnam, she is entitled to a monetary allowance under 38 U.S.C.A., Chapter 18.
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