The Board denied benefits for spina bifida and other birth defects because the appellant does not have a diagnosis of spina bifida and her mother is not a Vietnam Veteran.
The deciding factor: There is no legal basis upon which to grant benefits due to the absence of legal merit or entitlement under the law.
- Claimed conditions
- spina bifida, Chiari malformation, syrinx, lumbar spondylosis, impingement, facet arthropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001242
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
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Board granted service connection for diabetes mellitus type II, hypertension, hypothyroidism, prostate cancer, sleep apnea secondary to service-connected diabetes mellitus, tinea pedis, and lumbar spondylosis.
- 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.
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