The Appellant's claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is remanded due to the need for further medical examination.,The Appellant's claim for benefits under 38 U.S.C. § 1815 for a child born with birth defects (other than spina bifida) is denied as his mother is not a Vietnam veteran.
The deciding factor: The Appellant's mother is not a Vietnam veteran, thus he does not qualify for benefits under 38 U.S.C. § 1815.
- Claimed conditions
- spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001180
Veterans Law Judge
Decisions by this judge: 907 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001180.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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