In service fractures, Service connection

[broncovet]

If you had a bone fracture, in service, you should read this "unofficial" interpretation of VA new policy:

The fact that the examiner cites proper healing of the fractures should have no bearing on whether service connection is granted for the fracture or not, as fractures are a chronic condition which are subject to service connection per the recent guidance put out in the April 2014 Veterans Service Center Manager (VSCM) Call Bulletin (don't bother looking for it, you won't be able to find or access it). However, given that the examiner cites the current disability is due to pes planus (which I assume is not service connected) it's likely you could be granted s/c at 0% for the historical fracture and denied pes planus and the residuals. The fact that you had fractures could certainly help your case on appeal if you were to assert that your pes planus was a result of the fractures sustained in service. Wait and see what happens... I'd fight this one tooth and nail, especially if there is no evidence of intercurrent injury... It seems pretty plausible that fractures, especially of the talus and cuneiform, could result in arch abnormality.

end quote from "other" website.

Notice here what is going on.  The VA is putting out "VSCM call bulletin's", to which we have no access.  Is this a "secret handshake".   I have particular dislke when govenment agencies spend taxpayer money in "secret".    I would also like to know what ELSE VA is hiding from us.    This informal interpretation from someone allegedly in the know at VA who chooses to remain anonomyous is a glimmer of light.  Of course, we were not supposed to get this information, and that is why I reposted it.  

Remember, Shinseki got fired over "secret waiting lists", that hurt Vets.  So, now there are "secret regulatory guidelenes" which are carefully guarded from Veterans.  

[Navy4life]

Wow very interesting read for me and my situation BroncoVet!

I am fighting the VA as we speak for my right foot "in service" fracture since May 2013.  I was denied the right foot/ankle in November 2014 and currently have an NOD which I have just put in an IRIS to find out the hold up but in my other post on this site I have asked for help b/c over the holidays I broke my right foot as a DIRECT result of my "in-service" connection Left Ankle. I had surgery a few weeks ago and now I am laid up for months.  I currently have an FDC in for the 100% temp convalescence leave based on the fact that my doctor wrote me a very good letter, the fact that my L ankle is the result of my newest fractures, and the fact that I have an NOD in right now trying to have the R foot S/C!

I hope that the VA finally S/C my right foot/ankle!

I fractured my R foot while on AD and they denied it! UGH...Submitted all the proper documentation and all they did was S/C for L ankle???  Crazy b/c I not only fractured my R foot while in the military, I fractured my left as well!

Here is my letter and pictures of my most recent injury.  I really hope I win this long deserved battle!

doctor letter_Redacted.pdf

[broncovet]

Navy:

   Suggestion:   Send in THOSE pictures, with your appeal!  How could anyone look at those and beleive these in service fractures had nothing to do with your current foot problems?  

    When I saw that paragraph, above, I just thought "someone else" may be fighting for old in service fractures, too.  

    Like yourself, I had a broken leg (knee) in service, and now I have severe arthritis in both knees, which, of course, the VA says they are not related. (not service connected, so I have to appeal)    Even worse, VA denied service connection for my knees without even telling me.     What they did is to "grant non service connection" for pension purposes, and they put it ONLY on the rating sheet (not the decision) so I did not know about the denial for years, until I read the Record Before Agency on a BVA appeal for an entirely different issue years later!!  

   With knees, its common when you injure one knee for the  other knee to likewise suffer an injury.  You favor the injured knee and the overworked good knee gets injured also, as you bear twice the weight on the good knee.  Ditto for a foot injury.  Can you imagine hopping on one leg for years on a pogo stick?  Something has to give.   We were designed to walk on 2 legs, not one.  

Edited January 17, 2016 by broncovet

[Navy4life]

11 minutes ago, broncovet said:

Navy:

   Suggestion:   Send in THOSE pictures, with your appeal!  How could anyone look at those and beleive these in service fractures had nothing to do with your current foot problems?  

    When I saw that paragraph, above, I just thought "someone else" may be fighting for old in service fractures, too.  

    Like yourself, I had a broken leg (knee) in service, and now I have severe arthritis in both knees, which, of course, the VA says they are not related. (not service connected, so I have to appeal)    Even worse, VA denied service connection for my knees without even telling me.     What they did is to "grant non service connection" for pension purposes, and they put it ONLY on the rating sheet (not the decision) so I did not know about the denial for years, until I read the Record Before Agency on a BVA appeal for an entirely different issue years later!!  

   With knees, its common when you injure one knee for the  other knee to likewise suffer an injury.  You favor the injured knee and the overworked good knee gets injured also, as you bear twice the weight on the good knee.  Ditto for a foot injury.  Can you imagine hopping on one leg for years on a pogo stick?  Something has to give.   We were designed to walk on 2 legs, not one.  

Hi BroncoVet;

How do I get the pictures added to my NOD?  Did you look at the letter too?  Thoughts?

[broncovet]

There are at least two ways to "add" this evidence to your appeal:

1.  You can send a 21-4138 to the intake center, saying that you wish to add the enclosed evidence.  Then send copies of this photo, as well as the attached letter.  Send it certified mail, return receipt requested.  

2.  You can also send this evidence to the BVA if its at the Board level.    You can "reopen" due to new and material evidence, 38 CFR 3.156, which states, in part:

§ 3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

[Navy4life]

Okay, I will fill out the VA 21-4138 with the photos and letter to support my NOD.  Do I send it to the RO's office?  I am still at the RO level regarding my NOD.  I did request a DRO at the time I filed my NOD back in November 2014.

I have already filed an FDC, as of last week, that has all the documentation to include the letter from my doctor but not the pictures.

The pictures are a great idea of evidence to add!  thank you!

[broncovet]

I would send it to the Evidence Intake Center:

http://www.benefits.va.gov/COMPENSATION/mailingaddresses.asp