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10% for broken bones rule change?


syne7

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I was just told by someone in the VA office that, my claim from 1997 should get re-submitted.  I was denied service connection for residuals of right broken toe and left foot stress fractures in 1998.  However, they suggested that the rules changed and now broken bones warrant 10% that if I reopen the request they will likely service connect and rate at 10%.

Is this true?  Does anyone know of this broken bone change?  If so what is it?  Where can I find info on it and when did it take effect?

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I don't think so.  I am SC for fractured left heel and left ulna but both are rated 0%.  The last sentence pretty much says it all.

Change Date
 

February 1, 2016


III.iv.4.A.12.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. 
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It also depends on the reason that you were initially denied service connection. To reopen the claim you may need to submit New and Material evidence providing facts to substantiate depending on the reason VA gave you for the denial.

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