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
- Not verified here — check the original decision
- Decision date
- November 6, 2025
- Citation
- A25096755
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation A25096755.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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