The Board is remanding the case to the RO for further development due to procedural deficiencies in VCAA notice, including failure to properly inform the appellant of the evidence needed to substantiate his petition to reopen and VA's responsibilities under this law.
The deciding factor: Procedural deficiencies in VCAA notice were identified, specifically regarding the threshold preliminary determination of whether new and material evidence has been received to reopen the claim for service connection for retinitis pigmentosa.
- Claimed conditions
- retinitis pigmentosa
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2005
- Citation
- 0502717
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0502717.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the motion to revise a 1968 rating decision denying service connection for retinitis pigmentosa due to the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and providing an addendum opinion regarding the Veteran's service-connected diabetes mellitus type II and hypertension.
- Denied
The Board denied service connection for bilateral hearing loss and retinitis pigmentosa, finding no evidence of a nexus to active service.
- Granted
The Board granted an earlier effective date of January 3, 2001, for service connection for retinitis pigmentosa based on the re-evaluation of previously unassociated service treatment records.
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