The claim for service connection for spina bifida occulta was reopened as new and material evidence has been received, but the issue will be remanded for further development.
The deciding factor: New and material evidence regarding the onset of back pain following an in-service helicopter crash raises a reasonable possibility of substantiating the claim for service connection for spina bifida occulta.
- Claimed conditions
- spina bifida occulta
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000039
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 the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815, finding that she does not have a form or manifestation of spina bifida other than spina bifida occulta, and her mother is not a Vietnam Veteran.
- Denied
The Board denied the appellant's claim for benefits under 38 U.S.C. § 1805 for spina bifida, as he does not have a diagnosis of spina bifida other than spina bifida occulta.
- Partly granted
The Board denied benefits for a child born with birth defects and spina bifida, but granted service connection for spina bifida occulta.
- Denied
The Board denied benefits for spina bifida occulta as the Appellant does not meet the criteria for benefits under 38 U.S.C. § 1805.
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