The Board denied the Veteran's request to reverse the February 1, 1980 rating decision on the basis of clear and unmistakable error (CUE) because the September 2018 Board decision subsumed the earlier RO decision.
The deciding factor: The requirement that the Board base its decision on the same factual basis has been met, thus the February 1980 rating decision was subsumed by the September 2018 Board decision and no CUE exists as a matter of law.
- Claimed conditions
- Osgood-Schlatter disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2025
- Citation
- A25096755
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (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 A25096755.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a right knee disability diagnosed as Osgood-Schlatter disease, finding that the Veteran's condition was related to his active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection for Osgood-Schlatter disease and chondromalacia with right knee pain due to a lack of an adequate etiology opinion. The Veteran's symptoms must be evaluated by a VA examiner.
- Remanded (sent back)
The Board remands the claims for an increased rating and service connection due to pre-decisional duty to assist errors, requiring additional medical examinations and opinions.
- Remanded (sent back)
The Board has remanded the case due to a lack of a VA medical opinion, and further development is needed.
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