The Board has ordered the case back to the RO for compliance with VCAA requirements and a readjudication of the claim.
The deciding factor: The appellant did not receive proper notice regarding the reason for the previous denial, as required by Kent v. Nicholson (2006).
- Claimed conditions
- keratoconus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 1, 2010
- Citation
- 1020015
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 1020015.
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.
- Denied
The Board denied the Veteran's appeal for a higher disability rating for keratoconus, as the evidence did not support a rating higher than 40 percent.
- Dismissed
The appeal for a compensable rating for keratoconus was dismissed due to the untimely filing of the notice of disagreement.
- Granted
The Board granted service connection for keratoconus, resolving reasonable doubt in favor of the Veteran and finding that it is at least as likely as not related to in-service environmental exposures.
- Remanded (sent back)
The Board remands the claim for an additional VA examination to address whether the Veteran's eye condition was due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.