10-00 198
10-00 198
| Board of Vet. App. | Aug 31, 2017Background
- Appellant is the child of a Vietnam Veteran and alleges she was born with spina bifida; she also had brief active duty service in 1988.
- Benefits for spina bifida were initially granted in 1997, terminated in 2000, and appeals/remands followed; the claim on appeal is from a June 2003 RO rating decision.
- Medical history includes a 1967 birth record noting a small pilonidal sinus, lifelong back pain, urinary symptoms, several MRIs (which did not show bony spinal defects), and multiple private and VA examinations.
- Some providers and VA records referenced a diagnosis of spina bifida or described pilonidal sinus as associated with spina bifida; other specialists (including Mayo Clinic consultant Dr. Priebe and an October 2012 VA examiner) concluded there was no spina bifida based on imaging and clinical review.
- The Board found VA satisfied its notice and assistance duties and relied on the October 2012 VA medical opinion and majority of medical evidence concluding the Appellant was not born with and never had spina bifida.
- Decision: claim for benefits under 38 U.S.C. § 1805 (child of Vietnam Veteran born with spina bifida) denied because the preponderance of evidence shows no spina bifida.
Issues
| Issue | Appellant's Argument | Government's Argument | Held |
|---|---|---|---|
| Entitlement to §1805 benefits for child born with spina bifida | Appellant contends she was born with spina bifida (or spina bifida-like condition) supported by birth note of pilonidal sinus, lifelong symptoms, and some treating-provider statements | VA contends medical imaging and multiple specialist opinions show no bony spinal defect or spinal dysraphism; pilonidal sinus does not, by itself, satisfy definition of spina bifida | Denied — preponderance of evidence shows Appellant does not and never did have spina bifida |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (discusses VA notice and duty-to-assist obligations)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (limits when lay evidence can establish medical diagnoses)
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (standards for adequacy of VA medical opinions)
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance-of-evidence and benefit-of-the-doubt rules)
- Godfrey v. Brown, 7 Vet. App. 398 (1995) (definition/characterization of spina bifida)
- Jones v. Principi, 16 Vet. App. 219 (2002) (spina bifida as compensable birth defect under herbicide-exposure provisions)