The Veteran's daughter is not eligible for compensation under 38 U.S.C. § 1151 due to the injury she incurred at Naval Hospital Camp Pendleton, as it was not caused by VA medical care or a VA work therapy program.
The deciding factor: The event occurred outside of a VA facility and thus does not meet the criteria for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- Cerebral palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2019
- Citation
- 19116132
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 19116132.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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The Veteran did not have active military service during a wartime period, and his child was born with cerebral palsy. The Board has remanded the case for further development to determine if the appellant became permanently incapable of self-support by reason of a mental or physical disability prior to attaining 18 years of age.
- Granted
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- Remanded (sent back)
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