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What Should I File My New Cliam Under! Help


Infantry1985
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Hey Guys ! I was wondering what I should file my new claim under. I was denied for lumbar strain multiple times. Now I have some new info so I can file again under something else. What should I put on the claim, I do not have time from work to meet with representative. Here is the stuff

from my last post. Also I will put the new info from the doctors.

If someone could point me in the right place for what to put on the claim as SC and secondary. Thank you so much for your help

PT therapist- Pt. presents with chronic back pain for 2 years. pt . with scheurmans disease. thoracic kyphosis appreciated with decreased lumber lordosis. most likely congenital and exacrerbated by heavey loads on back while in militry. pt. with weak core musculature. pt radicualr pain did not follow typical pain patterns due to radiating up leg.

Pain clinic doctor - There was ntoed to be on papatiion prominence of the L5 spinous process. palpation of this are caused the greatest amount of discomfort. motion involved in the lumbosacral spine revealed flexion to be 50 degrees, extension 10 degrees, with greatest amount of pain. right, left lateral bending 10 degrees with right lateral bending causes discomfort. reproduciable pain was noted upon palpatation of the l5- s1 spinous interspace. not erythematous changes or soft tissue swelling was appreciated. palpation and formal testing of the sacoiliac joint caused no discomfort.

Based on my exam, i am concerned that the patients pain is possibly related to the elongation of the l5 spinous process. I believe he has a kissing spine or the syndrome of baastrup. Injections will be schedualed. If injections dont work patient may be canidate for surgury.

Diagnosis - Low back pain, possibly related to baastrup syndrome.

Another follow up = tenderness in lower spinal process area found in interspinal space.

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.

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It would be helpful if you posted your reasons for denial.

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The reason for denial was the point that on active duty they told me that my complaints of back pain were not chronic and just multiple lumbar strains. Also, on my first claim with my back, it was classed as lumbar strain and I didn't get it in on the one year because I thought if I was still going through testing I would be ok.. Well stupid me. Thanks for all your help so far

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I assume by your handle you served in 1985- but I could be wrong- are you OEF or OIF vet?

When did you receive the last denial and-as Carlie asked- what was the VA's exact wording of the denial and what evidence did they use-

Is the medical evidence you refered to in your post 'new' evidence?

Did the docs make any statement at all linking your present problems to your service?

Did they consider your complete medical records and your SMRs?

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  • HadIt.com Elder

Hi,

I don't know if my website would help you, but maybe there would be something there. It is intended to help research for the rating and then organizing and assembling claims/appeal. See my Topic Free Website to Guide You In Creating VA Clalim/appeal for more info. I am no expert like many are here, just wanted to offer a little help in organizing.

Good Luck and Thank You for serving.

fanaticbooks

www.howtoassemblevaclaims.com

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I am OEF .Here are the actual claim denial papers. I did complain 3 times while overseas about back pains ect. The problem Is that the way we did thing is that our platoon medic gave pretty much verbal profiles to our squad leaders and then gave me a bunch of 800 mg grunt candy. Well I still stay in contact with my old medic and he wrote me a letter stating that I was on profile ect and complained ubout chronic back pains. Well on the denial they dont state that I was on a profile while overseas.. so Im going to have him write up another letter stating that the profiles were verbal. All the doctors pretty much say all the rucking caused the back problems. The Physical therapist did do a write up about the cause being military.

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AS VA states-you absolutely need to submit new evidence to re-open these claims because the appeal period on those decisions has expired.

Any proof of limited duty profile also has to be clearly shown that it was during "activation to active duty"-

I am making another assumption-are you a Reservist?

Is there any medical basis for the VA's diagnosis of Scheuermann's disease?

The hip claim was denied also but again the VA states that the platoon medic confirms problems you had but not during "activation to active duty"

Since VA claims depend on active duty-it is imperative that you somehow prove that these conditions occurred during "active" duty and maybe the Platoon medic can somehow establish that.

Edited by Berta
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