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RESIDUALS, LEFT HAND FRACTURE 2011


Justaskpat

Question

Getting ready to submit this CUE for "Residuals, Left Hand Fracture". It was denied SC in 2011 basically due to X-rays taken in service and at C&P showing "no fracture".

In going over my STRs, I found where Medical took an X-ray and I was referred to an Orthopedic Specialist. Medical did not read the X-ray when it was taken. When I saw the Ortho a few days later, he evidently saw the fracture on the X-ray and notated "Fracture of the... has healed".  I had no functional impairment from the fracture at the time of the C&P. I have now developed RA at each end of the bone that was fractured.

It will be interesting to see if when two different diagnoses are made, "the tie goes to the veteran" will be applied in my case.

 

CUE RESIDUALS LEFT HAND FRACTURE 2011.pdf

Edited by Justaskpat
corrected a typo
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This may have potential. Were you able to find a radiologist report or is that just part of the regular follow up STR? Back then they had paper copies of STRs. Be sure to check the front and back of every page. I found mine all over the place, like the docs sometimes got creative and wrote on the first page they found.

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12 hours ago, Vync said:

I found mine all over the place, like the docs sometimes got creative and wrote on the first page they found.

This is so very true, they would write everywhere on the STR. How I wish I was in when the military used computers to enter in our medical information. It is so challeneging to read the chicken scratch the doctors wrote.

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2 hours ago, paulstrgn said:

This is so very true, they would write everywhere on the STR. How I wish I was in when the military used computers to enter in our medical information. It is so challeneging to read the chicken scratch the doctors wrote.

It sure is. When I would go to my non-VA doctor for treatment, I would ask her if she could decipher parts of it I could not read. That's the only way I could figure it out.

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Dont submit a CUE.  If VA has medical evidence that you had no fracture, and used that as a basis for a denial, and you have other evidence that you did have a fracture, the procedure is to reopen due to new and relevant evidence, 38 cfr 3.156 B or 3.156 C.  

Send in the (medical evidence) that you had a fracture with your reopening.  

Its my opinion that Cue will be denied, as its NOT undebatable.  The tie does NOT go to the Veteran with CUE.  (Benefit of doubt, or BOD).  Dont forefeit your BOD with CUE, it sounds like you need it.  

My advice:  File a supplemenatal claim, or request to reopen due to n and relevant evidence.  Dont file a cue.  

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On 11/26/2019 at 8:43 AM, broncovet said:

My advice:  File a supplemenatal claim, or request to reopen due to n and relevant evidence.  Dont file a cue.  

Thanks @broncovet. I see your point and it makes sense. and Thanks for the below information.

 

On 11/26/2019 at 8:43 AM, broncovet said:

The tie does NOT go to the Veteran with CUE.  (Benefit of doubt, or BOD).

I've had some health issues come up, so I have to hold off on submitting anything for now that might get me a C&P exam. I start daily radiation treatments soon and from what I understand, if you miss one it messes everything up. I'll get back to all this sometime in March. Again, thank you for the valuable input.

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