Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

(1) Spina Bifida: Claims For Benefits For A Child Suffering From Spina Bifida

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




  • HadIt.com Elder

M21-1-3 Claims Development


a. General. When initially corresponding with a veteran claiming disability resulting from exposure to herbicides while in the Republic of Vietnam, inform him or her of the availability of hospital examination and treatment. Inform the veteran that if he or she has already had the herbicide examination or been treated for herbicide exposure, he or she should submit a copy of the examination or treatment report or submit the name of the VA facility performing the examination or treatment so that the regional office may obtain a copy of the examination report.

b. No Specific Disability Claimed. If the veteran alleges herbicide exposure but claims no

disability, inform the veteran that mere exposure is not a disability. Tell the veteran to specify the disabilities resulting from herbicide exposure and to submit medical evidence of the earliest manifestations of symptoms together with evidence of continuity of treatment. Process as a denial without a rating decision and take the end product at that point.

c. Presumption of Service Connection. The Agent Orange Act of 1991 (Public Law 102-4) establishes a presumption of service connection for veterans with service in Vietnam during the Vietnam era who subsequently develop, to a degree of 10% or more, Hodgkin’s disease, multiple myeloma, non-Hodgkin's lymphoma (NHL), acute and subacute peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers (cancers of the lung, bronchus, larynx or trachea), soft-tissue sarcoma or chloracne or other acneiform disease consistent with chloracne, and diabetes mellitus (type 2). Public Law 104-275 provided that effective January 1, 1997, the applicable service dates for purposes of the presumption of exposure to herbicides are from January 9, 1962, to May 7, 1975. Qualifying skin conditions must have become manifest to a degree of 10% or more within 1 year of the last date of service within the Republic of Vietnam. Even a few hours in Vietnam during the Vietnam era may be sufficient to service connect subsequently developed presumptive conditions based on exposure to herbicides.

Note: Under 38 CFR 3.313, service in Vietnam together with the development of NHL after service is sufficient to establish service connection for that disease. It does not have to be at least 10% disabling. The term "service in Vietnam" includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam. There is no requirement for a specified length of service, duty or visitation in Vietnam under 38 CFR 3.313.

(1) Development. If the claimant alleges Vietnam service, review the DD Form 214 or other evidence in file to confirm such service. If necessary, develop with the service department and ask the claimant to submit evidence to show Vietnam service or to obtain confirming buddy statements. The claim cannot be denied based on a lack of verification of Vietnam service until the claimant has had 60 days to respond to the request and the 30-day follow-up period exhausted. Additionally, if Federal records were requested, continue to follow-up until the requested records are received or a formal response is received that the records are unavailable.

d. Birth Defects.

(1) Spina Bifida: Claims for benefits for a child suffering from spina bifida and other birth defects are discussed in M21-1MR, Part VI, Chapter 18.

(2) Claims for additional benefits by women Vietnam veterans due to certain birth defects of a natural child have been authorized under PL 106-419. Please refer to FL 00-90 for processing claims of this type.

(3) The law limits the birth defects for which we may pay benefits. Claims for benefits from birth defects resulting from a familial disorder, a birth-related injury, or a fetal or neonatal infirmity with well-established causes, should be denied as not authorized by law.

Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

0 answers to this question

Recommended Posts

There have been no answers to this question yet

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.


    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.


    You can read the forums without registering.


    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.


    Leading to:


    Post straightforward questions and then post background information.


    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?


    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.




    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines