The Board has remanded the case due to conflicting medical records regarding whether the appellant has spina bifida. The VA will request dependent medical records from Balboa Naval Hospital and obtain a medical opinion to determine if the appellant manifests any form of spina bifida other than spina bifida occulta.
The deciding factor: The Board determined that a medical opinion is necessary to establish the nature of the appellant's disability due to conflicting medical records regarding whether he has spina bifida.
- Claimed conditions
- spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2010
- Citation
- 1031660
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 1031660.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- 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.
- Denied
The Veteran's service in Vietnam did not qualify the Appellant for benefits due to spina bifida or other covered birth defects, as her mother is not a Vietnam Veteran.
- Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, his mother is not a Vietnam Veteran, and there is no legal basis to grant the claim.
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