Spina Bifida

[JohnM]

I am 57 years old, have had back problems since I left the Military in 1972 put never complained to anyone

I fell off the helicopters twice while in the service. My back finally packed it in and I had to have surgery.

found out that I have spina Bifida occulta. Will VA consider this as an disability being that it is a birth defect and that they still enlisted me in the service

[evandc]

Spina Bifida occulta is more common than I realized. I have spina Bifida occulta, too. I wouldn't hold my breath waiting for the VA to SC it. unless you could prove that your service made the condition worse.

Don

[Vike17]

According to the Spina Bifida Association, Spina Bifida occulta is a birth defect. They sate;

"Often called hidden spina bifida, the spinal cord and the nerves are usually normal and there is no opening on the back. In this usually harmless form of spina bifida, there is a small defect or gap in a few of the small bones (vertebrae) that make up the spine.There may be no motor or sensory impairments evident at birth, subtle, progressive neurologic deterioration often becomes evident in later childhood or adulthood. In many instances, spina bifida occulta is so mild that there is no disturbance of spinal function at all. Occulta can be diagnosed at any age."

You would need an excepetional IMO from a doctor to be succesful, as he/she would have to state that your Spina Bifida occulta was not just the natural progression of the condition due to your age ect...So as Don stated, unless the you can prove your service caused this condition to become worse, VA can't award compensation. The VA may even be bared from awarding compensation for congenital conditions. According to CFR38 §4.9 it notes;

"Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes."

Vike 17