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In service fractures, Service connection

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broncovet

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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.  

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9 minutes ago, broncovet said:

I would send it to the Evidence Intake Center:

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

Okay so let me ask you this....My original claim and NOD has been with WACO but I do live in Texas.  Should I send it to VA?

Can I just fax the information?

Edited by Navy4life

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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You can fax it if you like, but I prefer snail mail, certified mail return receipt requested. You can also upload it with ebenefits, too.  But I like a paper trail for proof as I have been burned too many times with VA  "losing" my evidence.    A post office "Certified mail" receipt is good proof of mailing, when you keep a copy.    

Edited by broncovet
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Okay I just faxed all the information because there is nothing on Ebennies that allows me to add evidence to my appeal.

I will follow up with a DAV rep on Tuesday at the VA hospital to also submit the documents to back it up.

thank you for your help!

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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BroncoVet;

I received confirmation of 74 pages being sent so I saved that in my records.  I figured that is just as good as sending it Certified Mail b/c either way I am stating I sent them documents LOL - again thank you for your help

Screen Shot 2016-01-17 at 5.38.25 PM.png

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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On 1/17/2016 at 5:38 PM, Navy4life said:

BroncoVet;

I received confirmation of 74 pages being sent so I saved that in my records.  I figured that is just as good as sending it Certified Mail b/c either way I am stating I sent them documents LOL - again thank you for your help

Screen Shot 2016-01-17 at 5.38.25 PM.png

IMO, snail mail with "better" copies, is a better alternative.  I would ALSO add "Signature Required" to the certified return receipt package.  The goal here is to ELIMINATE any and all possibilities of excuses that the VA can come up with... ALL of them!

Edited by HorizontalMike
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With all due respect, Navy, No.  Anyone can own a fax machine, but a receipt stamped by the post office (certified mail signed by person receiving the mail) is credible evidence the VA received your evidence.  Suit yourself, but if VA lost/destroyed as much of your evidence as they have mine, you would pay the $5 or so for a certified mail receipt.  

The "evidence intake centers" MAY prove better as they are specialized to scan in evidence, where RO's were specialized to loose evidence, however.    

A trip to the post office and $5 is probably the best insurance policy money will buy on VA losing or shredding your evidence.  If I would have bought "that insurance" 14 years ago, it would have saved me retro of at least $50,000 as VA said that I never sent in my claim  in 2002, which I know for certain is a big lie.   The VA said I sent in a claim "only" for hearing loss, and is fighting me to my death on their shreddergate shennanagin.  

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