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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1141487.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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