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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1113975.
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 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.
- Whole decision: Granted
Service connection for psychiatric disorders, sinusitis, hypertension, diabetes mellitus type II (as secondary to diabetes mellitus), and peripheral neuropathy is granted.
- Whole decision: 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.
- Whole decision: 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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