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38 CFR 4.9 – Congenital or developmental defects

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.

[41 FR 11292, Mar. 18, 1976]

What This CFR Means

VA doesn’t grant service connection for congenital defects. Congenital defects are congenital conditions that are apparent and would have manifested at birth or shortly after birth, so therefore cannot be the basis of service connection. This regulation does not bar VA from granting service connection for congenital diseases though. Congenital diseases (such as huntington’s or sickle cell) can manifest later in life; so if it manifested in the military, then service connection can be granted.

CFR Links

This section contains the most up-to-date links to the 38 CFR Parts 3 and 4. Click each link below to open the tabs to the references.