HomeVeterans Guide to VA BenefitsVA Compensation-Service Connected Disability Conditions due to Legal PresumptionsChildren of Vietnam Veterans

6.12. Children of Vietnam Veterans

VA will pay a monthly benefit to an individual suffering from spina bifida whose biological mother or father is or was a Vietnam veteran or a veteran with service in Korea as defined in the regulation. 38 C.F.R. 3.814(a). This benefit is available to any "individual" regardless of age or marital status who was conceived after the date on which the veteran first served in Vietnam or Korea during the specified period. Id. 3.814(c)(3). For the purposes of this benefit, spina bifida includes any form except spina bifida occulta. Id. 3.814(c)(4).


Monthly benefits are also available for individuals whose biological mother is or was a Vietnam veteran who suffers from a medical condition other than spina bifida. 38 C.F.R. 3.815(a). The regulations list 18 specific birth defects eligible for benefits and explicitly state that eligible conditions are "not limited to" those on the list. 38 C.F.R. 3.815(d)(1). The regulations also contain several lists of birth defects that are not eligible for benefits. Id. 3.815(d)(2)-(8).

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