The Veteran's son is not entitled to benefits under 38 U.S.C. Chapter 18 for a child born with spina bifida because the Veteran did not serve in Vietnam or Korea as defined by VA regulations.
The deciding factor: The Veteran's father served in Korea, but not in Vietnam during the relevant time period, and therefore does not qualify as a Vietnam veteran under VA regulations. Additionally, he did not serve in Korea 'in or near' the demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971.
- Claimed conditions
- psychiatric disorders, congenital urological disorders
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2011
- Citation
- 1113975
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 1113975.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for a total rating based on individual unemployability (TDIU) prior to March 3, 2023. The decision found that there were no pending or unadjudicated claims for TDIU or increased ratings prior to March 3, 2023.
- Granted
Service connection for psychiatric disorders, sinusitis, hypertension, diabetes mellitus type II (as secondary to diabetes mellitus), and peripheral neuropathy is granted.
- Remanded (sent back)
The Board has remanded the case due to inadequate development and insufficient medical opinions. The claim for service connection for cause of death is being reviewed, along with the issue regarding burial benefits.
- Denied
The Veteran's biological child was born with Sturge-Weber Syndrome and other disorders. The claim for benefits under 38 U.S.C. § 1805 or § 1815 is denied because the appellant does not have spina bifida, which would qualify her for benefits based on her mother's Vietnam service.
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