The Board has decided to remand the case due to a duty-to-assist error that occurred prior to the February 2020 decision on appeal. The appellant's claim for benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for a child born with spina bifida must be remanded to correct this error.
The deciding factor: The VA medical opinion obtained in February 2020 was inadequate as it did not address whether the appellant has at least as likely as not (50 percent or greater possibility) a form or manifestation of spina bifida, other than spina bifida occulta.
- Claimed conditions
- spina bifida, complex partial epilepsy, agenesis of corpus collosum with lipoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2021
- Citation
- A21017595
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 A21017595.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied an effective date prior to January 1, 2020 for the grant of benefits under 38 U.S.C. § 1822 for a child born with spina bifida due to the specific statutory effective date set by The Blue Water Navy Vietnam Veterans Act of 2019.
- Partly granted
The Board denied benefits under 38 U.S.C. § 1815 for a child born with birth defects and remanded the claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida.
- Remanded (sent back)
The Board remands the case to determine whether the appellant's congenital neural tube defect caused or contributed to his January 1986 hypoxic brain injury event, and if not, to estimate the type and severity of symptoms he would currently exhibit due to spina bifida.
- Remanded (sent back)
The Board remands the case to obtain the Veteran's complete service records and readjudicate the issues of entitlement to benefits for spina bifida and other covered birth defects.
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