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 spina bifida condition must be evaluated by an appropriate clinician to determine whether it is at least as likely as not (50 percent or greater possibility) a form or manifestation of spina bifida, other than spina bifida occulta.
The deciding factor: The VA medical opinion obtained in February 2020 was inadequate and did not address the appellant's neurological system abnormalities and her mother's competency to report history of spina bifida.
- 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 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.
- Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, her mother is not a Vietnam Veteran, and there is no legal basis to grant benefits.
- Denied
The Veteran's service in Vietnam did not qualify the Appellant for benefits due to spina bifida or other covered birth defects, as her mother is not a Vietnam Veteran.
- Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, his mother is not a Vietnam Veteran, and there is no legal basis to grant the claim.
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