Rating Decision

[Dale Jr. 8]

I received my rating decision in the mail yesterday. I had applied for 1. Service connection for depression as secondary to my lumbar strain. 2. service conn for rt. ankle strain secondary to lt. ankle strain with residuals. 3.Reeval for lumbar strain. 4.Reeval of lt. ankle sprain. 5. SC for sciatica secondary to lumbar strain with DDD and 2 ruptured discs and 1 bulging discs. 6. Entitlement to I/U. I received 1. 10% for the depression. 2. SC and 0% for the rt. ankle. 3. Lumbar strain stayed at 20% 4 Lt. ankle sprain stayed at 10%. 5 SC for sciatica was denied. 6. I/U was denied. I started out with 505 and now have 60%. My questions are as follows. 1. The rt. ankle has the same ROM as the lt. ankle which is rated at 10%. All info on the rt. ankle in the dceision is the same as the lt. ankle. Should I appeal this? 2. the ROM on the lumbar strain went from a combined ROM of 165 to 135. The forward flexion was 60 deg and now it is 30 deg. The way I read the rating laws a forward flexion of 30 deg or less grants a 40 % and anything more than 30 deg but not more than 60 deg. Should I appeal this? 3. SC for Sciatica. The decision states the exam revealed no signs of intervertebral disc syndrome with chronic and permanent nerve root involvement. The exam lasted only for 10 mins for all items except the depression. That was a seperate exam. Should this be appealed. And lastly The I/U was denied. In Aug of 05 I was awarded Soc. Sec. disability for depression and lower back problems all SC conditions. That was the only things that were listed on the law judges decision. Should I appeal the I/U decision. I currently have 1 SC at 30% and a combined of 60% I believe I should have 1 SC at 40% the lower back and a combined of 70% Either way shouldn't the VA have sent this for extra-shedular consideration based on the Soc. Sec. decision that was submitted to them before this rating decision?. I have an appt with my local NC division of veteran affairs office this week coming up. I am afraid that they will not have the answers. They seem to only be good for filing the paperwork and forwarding any evidence to the VA. Sorry this is a lengthy post but I tried to include all the info that I had. Thanks in advance for the answers to all these questions. Dalejr 83

[rdawg]

Sciatica -- You need an IMO stating that your leg pain is caused by your back condition. The VA will not connect the dots even though there likely no other cause for your sciatica.

DDD -- same as above. You have a diagnosis of DDD. The VA will not connect the dots to your lumbar strain. The problem is that they are rating you under code 5320 - muscle strain - moderate is rated at 20%. IVDS is a different code -- 30 degree flexion = 40% -- you need an IMO to state that you lumbar strain has caused your DDD.

I had a lumbar strain in service and didn't file for comp for 12 years post seperation. I filed only for DDD, not lumbar strain. They denied me all the way till I got an IMO from Dr. Bash. They gave me 20% based on a 45 degree forward flex. No C&P -- they used Dr. Bash's measurements.

It's well worth the money -- esp. for IU. You can get an IMO, submit it and then ask for a reconsideration based on the new evidence. I got a favorable decision in 60 days on 4 issues. No C&p's.

[AB2WK]

I remember reading recently that the BVA or a judge made a decision that if a vet has sciatica and a lower back problem it is to be presumed the sciatica came from the back injury. I'll try and find this - I know I read it recently. Does anyone else remember this?

[rdawg]

that would be interesting. I have sciatica also and the VA just ignored it.

[AB2WK]

Here it is;

Citation Nr: 0600049

Decision Date: 01/04/06 Archive Date: 01/19/06

DOCKET NO. 04-26 634 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in No. Little

Rock, Arkansas

THE ISSUES

1. Entitlement to service connection for sciatica.

2. Entitlement to service connection for depression.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Robert A. Leaf, Counsel

INTRODUCTION

The veteran had active military service from January 1982 to

May 1992.

This matter comes before the Board of Veterans' Appeals

(Board) on appeal from a rating decision of the Department of

Veterans Affairs (VA) Regional Office that denied the

benefits sought on appeal.

A video conference hearing was held in June 2005 before the

undersigned Veterans Law Judge of the Board. A transcript of

the proceeding is of record.

FINDINGS OF FACT

1. Sciatica cannot be dissociated from service-connected

residuals of a lumbar spine injury.

2. Depression cannot be dissociated from service-connected

residuals of a lumbar spine injury.

CONCLUSIONS OF LAW

1. Sciatica is proximately due to or the result of service-

connected residuals of a lumbar spine injury. 38 U.S.C.A.

§ 1110, 1131 (West 2002); 38 C.F.R. § 3.310 (2005).

2. Depression is proximately due to or the result of

service-connected residuals of a lumbar spine injury.

38 U.S.C.A. § 1110, 1131 (West 2002); 38 C.F.R. § 3.310

(2005).

................................................................................

................................................................................

.

Competent, probative medical evidence demonstrates that

sciatica, whether or not involving a demonstrable neurologic

deficit, cannot be dissociated from service-connected

residuals of a lumbar spine injury. There is no competent

medical evidence controverting that conclusion. Service

connection is warranted for sciatica as secondary to service-

connected residuals of a lumbar spine injury.

http://www.va.gov/vetapp06/files1/0600049.txt

[rdawg]

AB2WK,

That is an interesting read. It does not state that sciatica is a presumtive condition. It basically says the VA has no evidence to contradict claimants private medical opinions.

rdawg

[cowgirl]

DaleJr. just thinking about when I got my rating, took a few weeks to submit paperwork for my dependents. That still hasnt happened, nearly 5 months later, was told that could take up to a year! That retro will be handy, if/when I get it. Have you applied for your local benefits? license plates, possible taxes, fishing/camping licenses, etc.? I applied for increase for mdd&tdiu. still waiting the VA paperwork response.(and of course, praying 24/7!) best to ya, cg

I received my rating decision in the mail yesterday. I had applied for 1. Service connection for depression as secondary to my lumbar strain. 2. service conn for rt. ankle strain secondary to lt. ankle strain with residuals. 3.Reeval for lumbar strain. 4.Reeval of lt. ankle sprain. 5. SC for sciatica secondary to lumbar strain with DDD and 2 ruptured discs and 1 bulging discs. 6. Entitlement to I/U. I received 1. 10% for the depression. 2. SC and 0% for the rt. ankle. 3. Lumbar strain stayed at 20% 4 Lt. ankle sprain stayed at 10%. 5 SC for sciatica was denied. 6. I/U was denied. I started out with 505 and now have 60%. My questions are as follows. 1. The rt. ankle has the same ROM as the lt. ankle which is rated at 10%. All info on the rt. ankle in the dceision is the same as the lt. ankle. Should I appeal this? 2. the ROM on the lumbar strain went from a combined ROM of 165 to 135. The forward flexion was 60 deg and now it is 30 deg. The way I read the rating laws a forward flexion of 30 deg or less grants a 40 % and anything more than 30 deg but not more than 60 deg. Should I appeal this? 3. SC for Sciatica. The decision states the exam revealed no signs of intervertebral disc syndrome with chronic and permanent nerve root involvement. The exam lasted only for 10 mins for all items except the depression. That was a seperate exam. Should this be appealed. And lastly The I/U was denied. In Aug of 05 I was awarded Soc. Sec. disability for depression and lower back problems all SC conditions. That was the only things that were listed on the law judges decision. Should I appeal the I/U decision. I currently have 1 SC at 30% and a combined of 60% I believe I should have 1 SC at 40% the lower back and a combined of 70% Either way shouldn't the VA have sent this for extra-shedular consideration based on the Soc. Sec. decision that was submitted to them before this rating decision?. I have an appt with my local NC division of veteran affairs office this week coming up. I am afraid that they will not have the answers. They seem to only be good for filing the paperwork and forwarding any evidence to the VA. Sorry this is a lengthy post but I tried to include all the info that I had. Thanks in advance for the answers to all these questions. Dalejr 83

Edited January 14, 2008 by cowgirl