The Veteran's biological child, the appellant, was born with cleft lip and cleft palate. The Veteran served in Vietnam but his mother is not a Vietnam Veteran. The claim for benefits under 38 U.S.C.A. Chapter 18 as an individual with covered birth defects other than spina bifida cannot be granted because the law only provides benefits based on a mother's service, and the appellant does not meet this requirement.
The deciding factor: The appellant is seeking benefits under 38 U.S.C.A. Chapter 18 for his cleft lip and cleft palate as an individual with covered birth defects other than spina bifida. However, the law only provides these benefits based on a mother's service in Vietnam, not a father's. The appellant's mother is not a Vietnam Veteran.
- Claimed conditions
- cleft lip, cleft palate
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 19, 2015
- Citation
- 1507265
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. Search VA.gov for the original decision (opens in a new tab) using citation 1507265.
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 claims for service connection due to the need for a VA examination to determine the etiology of the Veteran's claimed residuals from oral surgery. The issues are inextricably intertwined with the claim for service connection for residuals from oral surgery.
- Whole decision: Granted
The Veteran's service-connected disabilities are rated at 100 percent, allowing them to receive VA dental treatment for their conditions.
- Whole decision: Granted
The Board has determined that the appellant's son, J.D.H., is permanently incapable of self-support due to physical and mental defects prior to his 18th birthday. The appeal for DIC, death pension, and accrued benefits will be remanded for further adjudication.
- Whole decision: Denied
The Board denied the appellant's claims for benefits under 38 C.F.R. � 3.815 and 38 C.F.R. � 3.814 as she does not have a manifestation of spina bifida, which is required to qualify for these benefits.
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