Can anyone tell me about sequelae fractures

[Remisdad]

I had 2 malunion spiral fractures of the 3rd and 4the metacarpals in my left hand while I was in the army. These are service connected. The 3rd metacarpal in my left was never set correctly and I have a 1 cm distal fragment that juts down into the palm of my hand. Would this be considered a sequelae fracture and if it is would that be a help to me?  I'm planning on tdiu at some point. Trying to get in to see a specialist to determine if I have arthritis in my left hand and if so I'm planning on filing for that plus loss of use of non dominant hand and SMC L & K first.  Just trying to get my ducks in a row. 

Edited December 26, 2020 by Remisdad

[broncovet]

Ok.  Remember, even tho you may have 4 different SC diagnosis for a joint, you can only get paid for a symptom once.  

As an example, maybe "painful motion" because you fractured your wrist in service.  Perhaps you have arthritis, bursitis, and maybe some other diagnosis as well in your fractured hand.  But, you cant get "painful motion" in your right wrist for arthritis and painful motion for bursitis in the same joint.  

Some people think if they apply for "x" condition, "y" condition, and z condition, they will get triple paid.  Could be, but only if you have seperate symptoms in seperate body parts.    Pyramiding prevents the Veteran from being paid twice for the same symptom.  

As another example, lets say you have PTSD AND depression.  

PTSD causes you to be unable to work.  So does depression.  Well you are not gonna get paid for unable to work twice.  

[Remisdad]

Thanks I hadn't thought about it pyramiding. My limitation of motion right now is because of the distal fragment and the arthritis would be in my knuckles but both would be limitation of motion. Well I'll still file for loss of use of hand and SMC. Once again thanks for the information. 

[Remisdad]

Hey Broncovet I'm wanting to file for loss of use of hand. Now I still have a claim at the BVA for limitation of motion. It has been remanded and deemed extraschedular by the director of c&p. Would loss of use of hand be a supplemental, secondary, or new claim or what. Or should I even bother with it while my claim is at BVA. I don't want to jeopardize my claim at BVA. I plan on filing for tdiu at some point but I really want to have my ducks in a row before I do that and I thought that if I got loss of use of hand it would help. Of course if I don't get it it could hurt. I was wondering if you would give me your opinion? 

[broncovet]

If you have "loss of use" of hand, then apply.  Dont wait to file, UNLESS, you won the lottery and dont need the money.  

Dont worry about "jeaprodizing" your BVA.  BVA and VARO dont even talk to each other all that well.  

Be careful not to "overthink" your claim.  

If you have not filed for loss of use of hand, then its a new claim (SMC).  

Let rating specialists do their job, you do yours.  My job is spoiling grandkids, and keeping wifey happy.  Those are big enough jobs, Im not interested in taking on "rating specialist assistant", to decipher "secondary", "primary", presumptive, etc.  They are gonna see it different than we do, and may be offended we chose a different route than they did.  

Therefore:

This form allows multiple responses:

https://www.veteransaidbenefit.org/forms/VBA-21-526b.pdf

   You can check all the boxes, and let them decide if its primary, secondary, presumptive, etc.  Just clearly state (SMC for loss of use of hand).  

    While this is controversial, I have had good luck "not" burning down brigdes and "excluding" stuff it later turned out I did not want excluded.  Example: Secondaries.  Are you able to read your doc's mind?  Im not.  I dont care if he thinks its related to a SC condition or if the doc thinks its a brand new, independent Sc.  I let docs be docs, and I spoil grandchildren.  

Pizza Hut used to say they made a deal with the bank.  The Bank does not make Pizza, and Pizza Hut does not cash checks.  

    I made a deal with rating specialists.  They dont spoil my grandchildren, and I dont tell em how they should rate my claim.  (primary, secondary, presumptive, etc.)