⚖ Oral Arguments, with Context

The Court of Appeals for Veterans Claims hears a Vietnam veteran's daughter's challenge to a birth-defects benefits law. Rebecca Pereida sought benefits for her own disabilities based on her father's Vietnam service. VA denied the claim, and the Board of Veterans' Appeals agreed. For the program at issue, the law limits eligibility to children of women who served in Vietnam; Pereida's mother did not. A separate spina bifida program covers children of either male or female Vietnam veterans, but the record did not establish that diagnosis for her. The Veterans Court initially upheld the denial without explaining why it rejected her constitutional challenge. In 2025, the Federal Circuit set that decision aside and sent the case back for further consideration. It did not award benefits or decide the discrimination question. Pereida's lawyers will contend that excluding children because their veteran parent is male violates equal protection. The government will defend the statute and question whether this court should resolve the constitutional issue on this record. Listen for two linked questions: what justification is needed for this distinction, and can this court evaluate newer scientific studies without further fact-finding? Even if the distinction falls, the judges must also consider what remedy they can order.

Rebecca M. Pereida v. Douglas A. Collins (No. 22-6676) — United States Court of Appeals for Veterans Claims, argued November 5, 2026.