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Children of Vets & Birth Defects

Skilled Legal Representation for Children of Vets with Birth Defects

VA recognizes link between spina bifida and service in Korea and Vietnam

Children with spina bifida, who are the biological offspring of Vietnam War era veterans, may be eligible for a full range of VA benefits. If you’ve been denied benefits for your child, Marcari, Russotto, Spencer & Balaban is prepared to help. We understand the importance of giving your child proper care, and we’re ready to fight for the benefits they deserve. Our attorneys have more than 100 years of combined legal experience. We understand the VA system, its rules and procedures, and we do what it takes to get positive results.

VA benefits for veterans’ children with birth defects

Children with spina bifida and certain other birth defects may qualify for a variety of benefits, including:

  • Compensation — A monthly monetary allowance based on the child’s degree of disability
  • Healthcare benefits — Treatment for ailments related to the birth defect
  • Vocational training — Up to 24 months of training, rehabilitation and job assistance

To apply for benefits, you must complete the VA Form 21-0304, Application for Benefits for Certain Children with Disabilities born of Vietnam and Certain Korea Service Veterans.

How to establish your child’s eligibility for benefits

Eligibility for these benefits depends on several factors. The child must have a birth defect that results in permanent physical or mental disability. To obtain benefits for spina bifida, the child’s biological parent must be a veteran with qualifying service in Vietnam or Korea while Agent Orange was in use, including:

  • In Vietnam from January 9, 1962 through May 7, 1975
  • In or near the Korean demilitarized zone (DMZ) between April 1, 1968 and August 31, 1971
  • In or near the DMZ between September 1, 1967 and August 31, 1971, with proof of exposure to herbicides
  • Blue Water duty with service on Vietnamese soil, on inland waterways or with exposure to herbicides

Female veterans who give birth to children with birth defects may file a claim for their child if:

  • The mother served in Vietnam from February 28, 1961 and ending on May 7, 1975
  • The child was conceived after the veteran entered Vietnam during the qualifying service

If you are applying for benefits or appealing a denial, put an experienced VA benefits attorney in your corner.

Contact a veterans’ benefits law firm that cares about disabled children

If your child was born with a disabling birth defect, Marcari, Russotto, Spencer & Balaban may be able to help you secure a variety of VA benefits. Wherever you are across the country, our knowledge and experience is at your disposal. You pay no fees for our services unless we win your claim for benefits. Call us today at 866-866-VETS or contact us online.

  • Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.

    — Alfred Daye

  • As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.

    — Harry Johnson

  • I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!

    — Luther Henderson

  • My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.

    — Michele DeZayas

  • Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.

    — Michele DeZayas

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