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

[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.

Search the BVA or CAVC for "Presumption of Sound Condition". http://search.vetapp.gov/search/

The law has changed somewhat since you originally filed, and the current law is more favorable to the veteran. ~Wings

[nanaeris]

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.

I had no problems with my knees going through basic training, I think if anything would have cause a flare-up it would have been basic training. I went straight from basic training to Security Police Tech School which included a lot of physical training also. I had no problems or flare-ups at that time either. When I got to my first duty, I was fine for about 6 months then I injuried my left knee on a training exercise. Every since I went to the doctor I had osgood schlatters disease.

If I ask the VA what information or documents they used to determine I had osgood schlatters disease before I entered the Air Force, would the have to produce the documents?

[purple]

If you don't have them already...you need to get a full copy of your SMRs. Somewhere the VA has seen a note that you had this condition prior to entering active duty.

But yes, I would think the VA should have to prove where they have found this info.

If your's is anything like my son's; it wouldn't flare up all the time under normal physical activity.

He could play 1 or 2 hockey games just fine and then have one where his knee would be completely trashed (for lack of a more technical term).

But since you won your appeal; the VA has realized you didn't have this prior to coming on active duty....maybe? Why are you CUEing the initial denial??

[nanaeris]

If you don't have them already...you need to get a full copy of your SMRs. Somewhere the VA has seen a note that you had this condition prior to entering active duty.

But yes, I would think the VA should have to prove where they have found this info.

If your's is anything like my son's; it wouldn't flare up all the time under normal physical activity.

He could play 1 or 2 hockey games just fine and then have one where his knee would be completely trashed (for lack of a more technical term).

But since you won your appeal; the VA has realized you didn't have this prior to coming on active duty....maybe? Why are you CUEing the initial denial??

Because when I was finally sent from Okinawa to an orthopedic hospital, I was told by my doctor that I had chondromalacia and this seem to be my major problem. When I asked the VA in California why this condition was considered in my initial denial I couldn't get an answer. I told the VA when I went for my second C&P exam I was still only evaluated for osgood schlatters disease and although the doctor stated my knees was aggravated by military service the VA still denied my claim and I had to file an appeal. And as we all know appeals can take for ever. I feel like the VA made an error in there initial decision by not using all the evidence in my military medical record. Every doctor that I have seen since leaving the military VA and private has stated I had chondromalacia. When I went for my initial C&P exam the orthropedic doctor stated I had cancer in my knee. I thought he was out of his mind but when I had my first surgery I was told I had a large cartilaginous cap under my knee cap that was a benign tumor. For the life of me I can't see how the military doctors missed something like this. Did your son have to have fluid drawn of his knee like I did several times? I think I was denied my benefits and I just want to know why. I just want to know the truth.

[purple]

No, osgood schlatters (as was explained to my son and I) is the result of tendons not growing properly or at the same rate as the bones to which they are attached to at the knee, causing them to "bunch up"...therefore causing a protrusion just below the kneecap that is actually visible and often painful. My son had to wear a special knee brace and took OTC pain meds. The docs told us that this is usually a condition that is "outgrown" once the tendons and bones catch up with each other.

He never had a problem with the fluid in his knee---I'm no doc; but I believe that's a whole different problem and likely resulted from the injury you mentioned earlier.

Your best bet is to search all of your knee conditions on a site like WebMD and become very well educated as to what causes what; that way you can talk to the docs about this. Just a thought.

[nanaeris]

No, osgood schlatters (as was explained to my son and I) is the result of tendons not growing properly or at the same rate as the bones to which they are attached to at the knee, causing them to "bunch up"...therefore causing a protrusion just below the kneecap that is actually visible and often painful. My son had to wear a special knee brace and took OTC pain meds. The docs told us that this is usually a condition that is "outgrown" once the tendons and bones catch up with each other.

He never had a problem with the fluid in his knee---I'm no doc; but I believe that's a whole different problem and likely resulted from the injury you mentioned earlier.

Your best bet is to search all of your knee conditions on a site like WebMD and become very well educated as to what causes what; that way you can talk to the docs about this. Just a thought.

I just found a military medical record where I was diagnosed with patela tendonitis after an injury. I wasn't diagnosed with osgood schlatter disease until after being in the military 2 years. I was 22 years old. When I was in the hospital, I was diagnosed with chondromalacia. The Air Force did not state all this on my Physical Evaluation Board. Should the VA have considered all this information in making their decision? I now have the records now to show to the VA, do you think they should cue themselves on the effective date of my claim?