Avoidance Of Pyramiding

[PintoRacer]

I am new to this forum and hope I post this question in the correct area.

I am currently rated at 20% for "8513 - All radicular groups" for a closed comminuted fracture (8 pieces = 8 retained screws) of the left humerus. They also assigned 10% for "5024 - Tenosynovitus" left arm and left shoulder for chronic pain.

Would opening a new claim for bone deformity and tricep muscle injury be considered pyramiding?

Please assume I have the medical evidence to support the new claim.

Thanks,

Dean

a.k.a. PintoRacer

[PintoRacer]

Sharing an answer to my own question.

My VSO guy said the bone deformity claim would not be considered pyrimiding.

The "Principles of Combined Muscle Injuries" does not allow me to open a claim on the muscles of the same body part that the nerves have already been rated. The muscle injury can be used to form a more complete picture and apply for an increased nerve rating.

Thanks,

Dean

a.k.a. PintoRacer

[Bonzai]

Thanks for posting your own answer Dean! It helps clarify things for me.

I get confused about pyramiding and secondary conditions.

Louis

[sharon]

You can also file a claim for tender/painful scars.

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 4 - SCHEDULE FOR RATING DISABILITIES

subpart a - GENERAL POLICY IN RATING

4.14 - Avoidance of pyramiding.

The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided.

Read more: http://cfr.vlex.com/vid/4-14-avoidance-pyramiding-19774269#ixzz0hdxmAoDs