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.
The deciding factor: New and relevant evidence was received to support the claim for spina bifida, but not for birth defects due to insufficient evidence showing the appellant's mother is a Vietnam veteran.
- Claimed conditions
- spina bifida, birth defects
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066532
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 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.
- 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.
- Remanded (sent back)
The Board remands the case to determine whether the appellant's congenital neural tube defect caused or contributed to his January 1986 hypoxic brain injury event, and if not, to estimate the type and severity of symptoms he would currently exhibit due to spina bifida.
- Remanded (sent back)
The Board remands the case to obtain the Veteran's complete service records and readjudicate the issues of entitlement to benefits for spina bifida and other covered birth defects.
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