lumbosacral Lumbar Strain Vs. Sciatica

[yelloownumber5]

Another question.

Upon my retirement in 2004 I submitted my original claim. I did claim low back pain (sciatica). They denied the condition, then off the NOD they actually gave me "Lumbar strain" at 20 percent in 2006.

I do have in my active duty medical record signs of left leg tingling, + sciatica, left buttox pain and l4 l5 radiculopathy. I just had my VA PCM give me a Lumbar MRI in 2007 and it shows L4-5 broad based disc buldge with paracental left protrusion. L5-S1 Broad based disc bulge with mild paracentral left component extending into the inferior aspect of the left neural foramen may contact the nerve root as it exits at this level.

But the C&P Examiner did the exam and during the time I guess he did not feel I have these problems of sciatica which I was claiming. I do not want to lose my 20 percent for "lumbar strain", they did say in the notes

"This is a grant of the benefit sought and the NOD is considered satisfied in full as to the low back issue, previously claimed as sciatica. It is noted that the current VA Exam does not objectively confirm sciatica, so service connection for this aspect of the claimbed back condition has not been established. However, a low back condition characterized as lumbosacral strain as ben established as service connected." " A future VA Exam is not needed since improvement in the condition is not anticipated."

Should I leave this all alone and not try to claim something like Lumbar DDD with Sciatica?

Thanks.

Y#5

[john999]

If you have sciatica then claim it. I believe that sciatica is a symptom of a pinched nerve in the back. What causes a pinched nerve in the back is usually something to do with a disc going bad or stenosis. When you have sciatica is when the back doctors get concerned. The VA uses the term "back sprain" since that is probably the mildest type injury and is usually temporary. The way your claim has been adjudicated does not make sense, but I see where the VA is coming from in order to low ball you.

[yelloownumber5]

John999,

Thanks. File for Lumbar DDD and Sciatica then? Do you think they will take away my Lumbar Strain rating? And should I just file a new claim or anything I need to do, will they still look at the "old" evidence from the first claim showing nexus to active duty?

I'm making this Friday "Claim clam roast Friday"......all but my OSA claim is gettiing organized and ready for the VSO.

Thanks.

If you have sciatica then claim it. I believe that sciatica is a symptom of a pinched nerve in the back. What causes a pinched nerve in the back is usually something to do with a disc going bad or stenosis. When you have sciatica is when the back doctors get concerned. The VA uses the term "back sprain" since that is probably the mildest type injury and is usually temporary. The way your claim has been adjudicated does not make sense, but I see where the VA is coming from in order to low ball you.

[rdawg]

You will not lose yor lumbar strain. The nexus has been established.

You need to submit the MRI showing the disc buldge. Disc bulde is synonymos with DDD.

This is the most important part. You will need evidence (medical) of a nexus between your service connected lumbar strain and your DDD and then your DDD to your sciatica. I know it sounds stupid but the VA will not connect the dots. For all they know you had a post-service back injury where you slipped a disc and it has nothing to do with your in service back strain. How they got lumbar strain from sciatica is another topic.

You have a good base and I think you'll win. You may get by with your current dr. writing a note stating your DDD is related to your strain but most likely you will need an IMO. Dr. Bash is king in this area. I was denied twice for lumbar DDD. I had a note from my chiro stating at least as likely as not related to service but it was rejected. Dr. Bash won all four of my claims and I never went for a C&P. The VA just used his measurements to rate me.

Good luck.

[rentalguy1]

DO NOT APPLY FOR DDD.

You need to file a claim for IVDS, since that is what the VA actually calls it. DDD falls under, or in another name for IVDS, but the VA refers to it as IVDS. You want to file a claim asking for the VA to change you dx code to the more appropriate IVDS code, which is consistent with the medical evidence (the MRI). Then you want to ask for an increase in your comp. Before you have yor C&P, you want to print and read the IVDS exam sheet, the IVDS Training Guide (search this site), and 38CFR4.71a to see exactly where you fall in the rating criteria. Then you want to file for neuropathy of the sciatic nerve. Don't just call it "sciatica," cause VA reads that as another name for IVDS.

The lumbar strain is a bunch of crap that VA sticks a vet with so they can claim he got better a few years later and drop him. That is what I', fighting right now. I let them drop me back in '04 for a lumbar strain. Now I can hardly use my legs, and I pee all over myself all the time due to this "lumbar strain." Don't let them do this to you, because my current condition is most likely where you're headed. It happens to all of us spineys with lumbar injuries.

[john999]

The Office of Federal Workers Compensation does exactly the same thing. If you fell on the job and broke your back they would say "back strain". Strain even sounds temporary. They know what game they are playing. I think you got good advice here.

[BMCS00]

Quick question: I have 20% sc for DDD. My original claim was for 'lower back pain'. My SMR has several entries for lumbar strain, which is what I thought my rating would be based on. Is it considered 'pyramiding' if I put in a claim for the lumbar strain, or does the DDD encompass the strain? My DDD is at L4/L5 and L5/S1.

Thanks,

--Jim

:)