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

[yoggie2]

Sam, by all rights you should be fine. I hate to be a spoiler but I was diagnosed with close to the same with a 40% present rating. C&P Stated I could only walk short distance and sit for short periods of time but the pain is constant which is treated with Oxycontin and a side order Percocets. C&P went well Dr helped me around and reported my constant pain. I received my rating just 6 days after it got to the R.O and was pretty much told I was lucky to have 40%. No evidence was taken into consideration and I was to the understanding it was open shut case. Look forward to getting a good decision but don't get your hopes to high, even if your in a wheel chair please heed what I say and I don't say it to scare you but because I was devastated when I was denied on all legitimate claims. Good luck my Friend....................Rich

[samH]

depending on the ROM of your C-spine, you could get anywhere from 10% - 40%. I am guessing that you still have some ROM in your neck, though, so 10% is probably where they would start out. So, if they didn't increase your lower back rating and they added 10% for the fusion, and 10% for the sciatic neuropathy, then you would have:

40% + 10% = 46% + 10% = 51.4% which rounds down to 50%.

If you could get 20% for the fusion, it would look like this:

40% + 20% = 52% + 10% = 56.8% which would round up to 60%

How many qualifying (bed rest prescribed by a physician) incapacitating episodes have your had in the last 12 months? What is your forward flexion ROM in your C-spine? What is your forward flexion ROM in your thoracolumbar spine? That's the things that you will be rated on.

The doctor said that I could not turn my head because of damage to C -spine and that my left arm stops working going numb and weakness and it was severe. What is ROM C & P never did it.I think ROM is the rotation. C&P never did that before always denied me for compensation until now. I cant look right or left have to turn waist to do that.I cant look up or down without getting dizzy sometimes I black out hope they dont try do that one.How they check the thoracic spine the same way? I am just getting compensation for the Lumbar. I am not getting compensation for the sacral S-1, Thoracic T-12 Cervical C-4 or the left arm sciatic.Ho w would I diagnose and code all of that.Sam

[rentalguy1]

Here's the thing...in the VCAA letter that you are sent, the VARO is bound by law to tell you the evidence that you MUST submit in order to substantiate your claim for service connected compensation. If you do not provide them with this evidence, you are NOT going to get your claim approved. You can submit all the evidence in the world other than what they've asked for, and you're most likely going to lose. How hard is it to figure this out. Give them what they ask for and you win, don't and you lose. If you don't know what they're asking for, seek clarification. This is especially true when it comes to IMO's. If the IMO isn't written properly, doesn't state that the dr. read your entire SMR, VAMR, and CMR, and doesn't make a adequate nexus in VA language, then it is worthless. I contend that in the majority of cases where the vet does not get the benefit sought, they have only themselves to blame. I include myself in this statement. I'm not looking to start a flame war here, this is merely the fact of the matter. We all feel like we have been burned by the VA, but if we go back and look (with an open mind) at the letters we received versus the evidence that we sent, it will be painfully clear why we lost.

[Josephine]

As far as the R. O , I was never sent a VCAA notice. It was as you said "a shot in the dark kind of deal."

Betty

[rentalguy1]

IIRC, you're claim was originally filed before that precedent ruling, right? I'm not sure if you could bring that up as an issue, but maybe. Berta would be the one to answer that. It seems logical that you would, though, because how the game is played was changed while your claim was slugging it out through the system.

[samH]

Here's the thing...in the VCAA letter that you are sent, the VARO is bound by law to tell you the evidence that you MUST submit in order to substantiate your claim for service connected compensation. If you do not provide them with this evidence, you are NOT going to get your claim approved. You can submit all the evidence in the world other than what they've asked for, and you're most likely going to lose. How hard is it to figure this out. Give them what they ask for and you win, don't and you lose. If you don't know what they're asking for, seek clarification. This is especially true when it comes to IMO's. If the IMO isn't written properly, doesn't state that the dr. read your entire SMR, VAMR, and CMR, and doesn't make a adequate nexus in VA language, then it is worthless. I contend that in the majority of cases where the vet does not get the benefit sought, they have only themselves to blame. I include myself in this statement. I'm not looking to start a flame war here, this is merely the fact of the matter. We all feel like we have been burned by the VA, but if we go back and look (with an open mind) at the letters we received versus the evidence that we sent, it will be painfully clear why we lost.

Yes I agree in my case the nexus is there i would not be waisting my time.The Dr did read my entire C-file SMR ,VAMR and CMR he evaluated every piece of evidence VA has. He made more than adequate language to them with his 30 years experience. The Dr is a 30 year surgeon for the army and civilians. He is now a professor that teaches on ortho surgery.I had 4 lawyers with VA claims experience look at all of my c-file and said you met all of VA requirements for service connection on your claim.I could spend hours to explain myself in a 27 page report.I have based my entire claim on facts like MRI, EMG,CAT Scans, Military Medical report, Discharged Medical report, VA Medical reports , X-rays 27 of them all prove my condition and that it happen in the service. I am service connected already 40% for lumbar from all the medical reports and the injury in the service so i don't have to prove nexus it has already be proven.I am just updating my claim for service connection on the cervical.Thoracic part of the spine which are wrote in my medical record and VA has not read them.Sam