lumbosacral What Should I File My New Cliam Under! Help

[Infantry1985]

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.

[Infantry1985]

I was in the National Guard.

Scheuermann's disease is not really something that the medical community knows much about. They said it could be caused by continued excessive weight..

I have been told by a couple people to just forget about the first file and file under Faciat arthritis disc disease and do the nerve damage in my back a secondary and also insomnia as a secondary.

[rentalguy1]

You can call this anything you want, but the VA is still going to class it the same and attempt to reopen your denied claim. What you are going to need to reopen is "new and material evidence." You need something that has never been looked at by the VA before, and it will have to include medical evidence that could change the outcome of the decision. You need to locate and print from this site, the VA Form that provides a "at least as likely as not," nexus. Fill it out, and take it to one of your docs to sign. Then send it in. That's the first part of your battle.

The second part will be the hard part. You have a congenital disease of the spine according to the doctors. This means that you will have to get a doctor to state, on the record, that it was at least as likely as not worsened by your active military serivce. You also stated that this spinal disease can be caused by a person being overwieght. Are you overweight? I ask this, because you can be that if you are, the VA will use it against you. So, if you have a few pounds too many, then you need to figure out a way to combat that argument before you even file your claim.

There is no doubt that this will be an uphill battle, but it is one that can be won with the correct evidence. If you have any disc problems, then you could likely get rated for IVDS easier. They will still attempt to reopen the back strain claim, but you can get the diagnostic code changed. Be sure to ask for a specific diagnostic code, and rating percentage when you file. Good luck!

[Infantry1985]

Thanks for the advice.. I was in a hurry witting the last post what I meant by the weight was that I was an AG and a 240 gunner so a lot of rucking 75 lbs of gear up and down mountains. Thanks again for all your guys help so far

[rentalguy1]

Thanks for the advice.. I was in a hurry witting the last post what I meant by the weight was that I was an AG and a 240 gunner so a lot of rucking 75 lbs of gear up and down mountains. Thanks again for all your guys help so far

In that case...go for it! Just be sure that you have a good description of your MOS to add to the evidence.

[Pete53]

I think that you should reopen using a Medical Doctors opinion to connect your service with the injury. I would not file a new claim.

Good Luck

[Infantry1985]

I am going Friday and see If I can get a Nexis letter from my Pain doctor. Also, once I get everything like all my IMO's and ready to Write the NOD. How do I go about writing it to change the Code from lumbar stain ? Thank you guys for all your help. I don't have time to meet with the DAV reps do to work and you guys have been great so far.