The Board denied benefits for a child born with birth defects due to lack of evidence showing the mother was a Vietnam veteran. The claim for spina bifida is pending as there are no records available.
The deciding factor: The appellant's mother is not shown to be a Vietnam veteran, which disqualifies her from receiving benefits under 38 U.S.C. § 1815 for birth defects other than spina bifida.
- Claimed conditions
- birth defects
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 2, 2023
- Citation
- 23059207
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. Read the original VA decision (opens in a new tab) using citation 23059207.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Partly granted
The Board denied benefits for a child born with birth defects and spina bifida, but granted service connection for spina bifida occulta.
- Whole decision: Denied
The Board denied benefits for birth defects and spina bifida under Chapter 18 due to the lack of evidence showing that either parent served in a designated area or had exposure to herbicides during their service.
- Whole decision: Partly granted
The Board readjudicated the claim for benefits under 38 U.S.C. § 1805 for spina bifida based on new and relevant evidence, while denying the claim for birth defects.
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