The Veteran's son seeks benefits under Chapter 18 of Title 38 for a birth defect, but the condition is not considered to be a form or manifestation of spina bifida. The mother did not serve in Vietnam and therefore does not qualify for benefits.
The deciding factor: The appellant's partial syndactyly involving the 2nd and 3rd toes of both feet is not a form or manifestation of spina bifida, as defined by 38 U.S.C.A. § 1802.
- Claimed conditions
- partial syndactyly of the 2nd and 3rd digits of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 16, 2012
- Citation
- 1239248
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 1239248.
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).
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