The Board must remand the claim for an adequate medical examination to determine if the veteran's Osgood-Schlatter's disease pre-existed service and, if so, whether it was aggravated during active duty.
The deciding factor: There is internal inconsistency in the February 2005 VA examination report regarding the presence of current residuals of Osgood-Schlatter's disease, necessitating a new examination to clarify the issue.
- Claimed conditions
- Bilateral knee disability, claimed as Osgood-Schlatter's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900475
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 veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands several issues for further development, including service connection claims and an earlier effective date claim.
- Granted
The Board granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, resolving reasonable doubt in favor of the Veteran.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.