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]

BroncoVet 

I will send it off via Certified Mail as well.  I agree it is better to be safe then sorry.

steph

[gs106]

From M21

a.  SC for Fractures

Decision makers must not automatically award SC for fracture or fracture residuals based on a mere service treatment record (STR) reference to a fracture.     Where SC of a fracture or fracture residuals is claimed, SC will be established when sufficient evidence, such as x-rays, a surgical report, casting, or a physical evaluation board report, documents the fracture.   If SC of a fracture has not been claimed and objective evidence such as x-ray report documents an in-service fracture, invite a claim for SC for the fracture. The following considerations apply when granting SC for a fracture:   SC will be established for a healed fracture even without current residual limited motion or functional impairment of a joint.   Assign a DC consistent with the location of the fracture.  The fracture will be rated as noncompensable in the absence of any disabling manifestations.  Reference:  For more information about unclaimed chronic disabilities found in STRs, see M21-1, Part IV, Subpart ii, 2.A.1.a and f.

[Navy4life]

1 hour ago, gs106 said:

From M21

a.  SC for Fractures

1 hour ago, gs106 said: Where SC of a fracture or fracture residuals is claimed, SC will be established when sufficient evidence, such as x-rays, a surgical report, casting, or a physical evaluation board report, documents the fracture.

This is exactly what pertains to me.  I had three fractures in the military, all with X-rays, all with casts, all with PT so I am sure I would at a minimum be S/C 0%

1 hour ago, gs106 said:

The following considerations apply when granting SC for a fracture:   SC will be established for a healed fracture even without current residual limited motion or functional impairment of a joint.  
Assign a DC consistent with the location of the fracture. 

This too sounds favorable for me!

[gs106]

Yes Navy4life, even a healed fracture is supposed to be SC and if you don't file a claim they "should" solicit a claim if there is evidence in your STR.  I also have three fractures....two are SC @ 0 %.  I haven't filed a claim for the other one but will be as soon as a pending claim is closed.  i just found that information in M21 last week.  VA should have solicited a claim since there are at least eight pages in my STR.  There were several X-rays because it was a slow healing fracture.  I am having a lot of foot pain but don't know if it's from the fractures (left heel and right 5th metatarsal).  The doctor also noted on my retirement physical that I have moderate symptomatic pes planus.  I have an MRI of my lower spine tomorrow to see if that is causing the foot and leg pain/numbness. 

[Navy4life]

The DRO hearing officer told me in the hearing the same thing. That ANY fracture that is sustained while on AD even if there are no residuals should be a minimum of 0%. When he said that to me I knew there were already errors he saw in my denials. The other items I raised was the fact that the medical opinion given for my left toe condition, right sprain, and 5th metatarsal  right foot fracture was a bogus opinion. There was no way the medical opinion could have been valid. I supplied SMR's and DBQ's and MRI's and X-rays to substantiate my claim yet it was denied. Go figure right??

so hear I sit waiting on an NOD result

[Andyman73]

Sounds like the denial of my R ankle secondary to L, which has been SC since 11/98.  Oh, and never mind the effects of injuring my knees in 11/92, which were also SC 11/98, would have on other lower extremity joints, bilaterally.