Physical Evaluation Board

[nanaeris]

I was looking at what my PEB and it stated that I had osgood schlatters disease prior to military and it wasn't aggravated by military service. My Medical Evaluation Board report stated osgood schlatters disease was permanent aggravated by military service. When their is a conflict like this what do the VA have to consider? Is their some VA regulation that handles cases like this?

Nanaeris

[Pete53]

All it had to do was get a little worse when you served and the VA has to award the claim. I am not sure about the condition so my reply is for any pre existing condition and remember that the Military gave you a physical and accepted you as fit to serve.

[kw34]

I agree with Pete the PEB is to evaluate if you are able to perform your duties and able to remain in service with your condition.

[Wings]

PEB states that I had Osgood Schlatters Disease prior to military, and it was not aggravated by military service.

MEB states Osgood Schlatters Disease was permanent[ly] aggravated by military service.

When there is a conflict like this, what does the VA have to consider? Is their some VA regulation that handles cases like this?

Nanaeris

This is a very important question! Are you still on active duty??? ~Wings

[nanaeris]

This is a very important question! Are you still on active duty??? ~Wings

[nanaeris]

This is a very important question! Are you still on active duty??? ~Wings

No, the VA denied my initial claim stating I had osgood schlatters disease before I entered the military and it wasn't aggravated by military service. When I reopen the claim 10 years later, they denied the claim again. I won the appeal now I am trying to CUE the initial denial because of the conflict between the PEB and the MEB report. Another question, are the VA suppose to let me know what information they used to rebutt "Assumption of Soundness" as my pre-induction physical did not state I had anything wrong with my knees. This is something I was told by a Air Force Doctor after I injuried my left knee on a training exercise. I was a Security Policeman.

[purple]

I'm confused. You said that your pre-induction physical said that you didn't have anything wrong with your knees; but yet you had a pre-existing condition of Osgood Schlatters (which affects the knee--my son has this as well).

Did the pre-induction physical just not catch it? Which is very possible as this condition doesn't always cause pain in everyone....I know that in my son's case, it only bothers him when he played ice hockey, or lifts weights; it's made better by advil and a knee brace for the most part.

What I'm trying to say is the reason for the conflict could be if you were having a flare-up at the time or not. I'm not trying to defend the VA here (oh, heavens no....); but just letting you know what you might be up against.