lumbosacral Young Vet Needs Help On Denial!

[Infantry1985]

Ok I just want to say thank you everyone that helps on this site. It is amazing

I have been off and on fighting for my service connections for a couple of years now. The main service connection I am trying to get is on my lower back.

When I originally received the denial in 2006 for my lower back I seen on there that it was on there as a lumbar strain. After that Time I have spent that time going to the va off and on when my appointment came up for EMG's, x-rays, physical therapy, Pain clinic and it elapsed time of the 1 year cut off. I set in a NOD and received another denial. I was wondering what I should do. When I had my 1st C&P in 2005 I told the doctor that the pain came and went but was there 90% of the time throughout the week and got worse as time passed, So I guess they labeled it as a lumbar strain. From that time my back has gotten worse and I ache and hurt all the time with pain radiating down my left leg. My feet and left leg has also been going numb. The doctor that did my EMG told me that me a 23 year old has a back of a 60 year old and I have nerve damage. I need to know what I should do from hear? I was denied this time without another C&P, they used the one from 2005 in which my condition has gotten way worse. I was denied for Bilateral flat feet, which my PC told me I had and could be a problem. Left foot neurological damage muscle strain of the low back .Should I file again, send another NOD, Have them change the service connection from lumbar strain? Any help would be great. Im stuck. Below I am going to write my test results and attach my denial.. Please help

MRI- Schmorl's node deformities are seen in the vertebral bodies from T12 through T3. There is mild anterior wedging of the T12 verterbral body. This may be Phsiologic. There is mild biateral Facet Disease from L3 through the lumbosacral juntion. No Significant disc protrusions are identified. The Canal is widely paten. there is no significant neuroforaminal stenosis

The conus terminates at L1

Xray - There is mild anterior wedging of the T11 and T12 vertebral bodies.

EMG - The nerve condution sudies of the left leg were normal. an attempt at left medial calcaneal sensory orthodromic study was attempted buuy results wre not reproducible. Enlarged motor unit potentials without fibrillation were seen in bilateral medial gastrocnemius muscles, bilateral vastus muscles, left rectus femoris muscle, left adductor longus muscle and left biceps femoris long head muscle.

Impression

The EMG of left leg was abnormal. There is EMG evidence of Chronic bilateral lumbosacral radiculopathies involving primarily bilateral L4 and S1 Nerve roots.

[Chuck75]

You have several issues to overcome and perhaps develop further.

First, the enclosures show that you did not appeal unfavorable decisions in a timely manner. This is not good, in that it limits your choices, and makes it much harder to do anything without additional evidence.

Next, something needs to be done to connect your problems to your time in military service. Evidently, records in the VA's possession do not accurately show your actual active duty time.

Finally, there are medical diagnosis and treatment issues that may need resolution. You will likely need to get advice from a medical professional and possibly a legal representative. Furms such as ALSIP? specialize in this sort of thing. This is likely going to cost you some money out of pocket. The law caps the amount that a lawyer can receive, and many don't want to take on a case because of the cap.

Yes you need to file something to keep things alive.

At this point, you will likely need "new and pertinent information/evidence"

This may be new IMO's, information substantiating your actual military service, or even information showing mis-diagnosis and possibly mis-treatment by the military or VA.

Ok I just want to say thank you everyone that helps on this site. It is amazing

I have been off and on fighting for my service connections for a couple of years now. The main service connection I am trying to get is on my lower back.

When I originally received the denial in 2006 for my lower back I seen on there that it was on there as a lumbar strain. After that Time I have spent that time going to the va off and on when my appointment came up for EMG's, x-rays, physical therapy, Pain clinic and it elapsed time of the 1 year cut off. I set in a NOD and received another denial. I was wondering what I should do. When I had my 1st C&P in 2005 I told the doctor that the pain came and went but was there 90% of the time throughout the week and got worse as time passed, So I guess they labeled it as a lumbar strain. From that time my back has gotten worse and I ache and hurt all the time with pain radiating down my left leg. My feet and left leg has also been going numb. The doctor that did my EMG told me that me a 23 year old has a back of a 60 year old and I have nerve damage. I need to know what I should do from hear? I was denied this time without another C&P, they used the one from 2005 in which my condition has gotten way worse. I was denied for Bilateral flat feet, which my PC told me I had and could be a problem. Left foot neurological damage muscle strain of the low back .Should I file again, send another NOD, Have them change the service connection from lumbar strain? Any help would be great. Im stuck. Below I am going to write my test results and attach my denial.. Please help

MRI- Schmorl's node deformities are seen in the vertebral bodies from T12 through T3. There is mild anterior wedging of the T12 verterbral body. This may be Phsiologic. There is mild biateral Facet Disease from L3 through the lumbosacral juntion. No Significant disc protrusions are identified. The Canal is widely paten. there is no significant neuroforaminal stenosis

The conus terminates at L1

Xray - There is mild anterior wedging of the T11 and T12 vertebral bodies.

EMG - The nerve condution sudies of the left leg were normal. an attempt at left medial calcaneal sensory orthodromic study was attempted buuy results wre not reproducible. Enlarged motor unit potentials without fibrillation were seen in bilateral medial gastrocnemius muscles, bilateral vastus muscles, left rectus femoris muscle, left adductor longus muscle and left biceps femoris long head muscle.

Impression

The EMG of left leg was abnormal. There is EMG evidence of Chronic bilateral lumbosacral radiculopathies involving primarily bilateral L4 and S1 Nerve roots.

[rentalguy1]

If you want to preserve the earliest effective date of claim, then you need to appeal this decision within the one year time frame, obviously. If you want a faster service connection, then you need to file a claim to re-open each one of these claims individually. I would suggest doing the latter, and begin with the lower back claim, because all of the others can build off of that one.

You DO need to change that diagnosis. You DO NOT have a lumbosacral strain. This is the VA's way of getting out of paying future claims for secondary conditions. Your MRI shows facet joint disease, which is degenerative arthritis of the spine. This condition has its own diagnostic code and falls under the rating criteria for general diseases of the spine in 38 CFR 4.71a. This can lead to intervertebral disc syndrome (IVDS) later on, which will cause lots of secondary problems.

The first thing that you MUST do, is narrow down the date when you injured your back. Was it a single incident, or just continous strain from military duty? The next thing you need is a record of that event, or events. Service medical records are the best, but a statement from a former commanding officer or a "buddy letter," can do the trick, too. The event(s) will have to have happened while on active duty. Then you need your doctor, either VA or civilian, to state in a record that it is "at least as likely as not that your lower spine condition was caused by your military duties." This will constitute evidence that is both new and material, because it was not in existence when the previous claim was denied and it could have an impact on the outcome of the claim. It will also not be considered repetative.

When you go in for a C&P, know what is on the C&P worksheet. You also need to know what the rating criteria is for your condition. If you can bend over and touch your toes, you may get service connected, but you will be at zero percent. Take a look at THIS THREAD to get an idea of the rating criteria, and what is on the exam sheet. There is also a lot of other information there as well.

Just remember, you MUST HAVE a definative nexus between the current condition and a even while you were in the military to be granted service connection, and that even must be recorded in some way. They cannot grant SC on your statements alone.

[Infantry1985]

So I think I will start a new claim it's just as easy. I know I screwed up on the 1 year thing. I was going through test and I thought that was ok. I guess wrong. Would anyone know what to class this as if I start a new on or what to re class this as if If send another NOD to re class the lumbar strain? Another thing I need to do is get an IMO. Again thank you so much for your guys help.

[Infantry1985]

Thanks for all the advise so far...