The appeal is remanded for further evidentiary development, including obtaining Social Security Administration records and scheduling a new VA examination.
The deciding factor: Further evidence is needed to properly assess the current severity of the Veteran's right knee disability due to missing SSA records and reported worsening of symptoms.
- Claimed conditions
- Osgood-Schlatter's disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908114
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 has dismissed the Veteran's appeals for service connection of allergic rhinitis and Osgood-Schlatter's disease of the right knee, as well as his claim for a higher rating for PTSD. The Veteran withdrew his appeals in these matters during an April 2020 videoconference hearing.
- Remanded (sent back)
The Board has remanded the claims for Osgood-Schlatter's disease, headaches, visual floaters, bilateral hearing loss, degenerative disc disorder (DDD), photophobia, traumatic brain injury (TBI), and a neck condition due to outstanding VA treatment records.
- Denied
The Board denied the Veteran's claims for increased ratings for his right knee, left knee, and shoulder disabilities.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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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.