The Board denied the appellant's claims for benefits under 38 U.S.C.A. § 1805 and § 1815, finding that there is no competent medical evidence of spina bifida in her son and noting she did not serve in Vietnam.
The deciding factor: There was no diagnosis of spina bifida or any form of spina bifida at birth in the appellant's son's records. The only birth defect warranting monetary benefits based on herbicide exposure is spina bifida, which the appellant's son does not have.
- Claimed conditions
- spina bifida, autism, mental retardation, lupus, juvenile arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 8, 2011
- Citation
- 1141487
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 1141487.
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: Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for lupus and discoid lupus erythematosus due to potential exposure through a toxic exposure risk activity (TERA) in service, including as a fire support specialist. The Veteran will be provided with an examination to determine if his conditions are related to service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for service connection for lupus, increased disability ratings for Tourette's syndrome, allergic rhinitis, hypertension, and a right upper extremity scar. The Veteran was not provided notice of his right to a hearing on these supplemental claims.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's service-connected lupus and related conditions render her in need of regular aid and attendance, leading to the grant of special monthly compensation based on this need.
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