Lumbar Strain, Bulging Disc, Herniated Disc

[yelloownumber5]

Hi,

Can a lumbar strain be a connection to a herniated lumbar disc?

Edited April 16, 2010 by yelloownumber5

[yelloownumber5]

How should I request an increase and for what? I have numbness, burning, tingling in legs, and lower back pain.

Thanks.

That is pretty much what happened to me.

Rated for lumbar strain in 2004 and my first MRI was 2007 showing many bulging disc and in 2010 MRI showing herniated disc.

[*Bergie*]

Is there anyone here I can emails some specific questions I have about this topic. I would greatly appreciate it.

Thanks.

If you have a medical question you can PM me and I'll help you.

Bergie

[rdnkjeeper]

How should I request an increase and for what? I have numbness, burning, tingling in legs, and lower back pain.

Get a doc to check you for sciatia or nerapathy, they when you have proof open a new claim for those secondary to your back. I just got done with that.....I also have the same symptoms as you.

[Troy Spurlock]

Get a doc to check you for sciatia or nerapathy, they when you have proof open a new claim for those secondary to your back. I just got done with that.....I also have the same symptoms as you.

I have degenerative disc disease (DDD) of the entire spine and chronic cervical, thoracic, and lumbar muscle strain...all service connected.

Over the years I have now developed 3 herniated discs with nerve impingement that causes, for a lack of better terms, sciatica (though the symptoms are not 100% exactly the same). The worse condition that developed is a bladder control problem called detrusor-sphincter dyssynergia (DSD).

So in January of this year I filed for the DSD secondary to the DDD as a result of the herniated discs. In March I got a response approving the DSD at 20% but they deferred the herniated disc claim as an actual increase in the DDD.

The herniated discs are a part of the DDD and muscle strain, and due to the rules of pyramiding, they cannot rate the herniated discs separately, so they are currently determining where on the rating % I can be rated at, if there is a higher rating, to increase the current rating I already have for DDD and lumbar muscle strain.

If the OP has sciatica, as you indicated, that is a separate condition that can be claimed secondary to the lumbar condition (if there is a sc rating for it already, otherwise he'd have to pick the primary condition - i.e. DDD or herniated discs - then claim the sciatica as secondary to it).

Though I got a rating for the DSD it matters not as I am already 100% P&T. I filed the claim to get the service connection because for over a year dealing with this increased back problem, and now the DSD, the VA Medical Center I go to have done NOTHING and REFUSES (neurology) to do anything to help me. They (the neurologist) has even gone so far as to deny the objective medical evidence I provided (urodynamic study done outside the VA, for which the VA chief urologist even agreed with) proving the herniated discs are causing a nerve impingement; but that was denied too just because they couldn't see that impingement on the MRI. So, if the VA won't do anything about it, then I plan on getting my Primary VA Dr to give me a referral to an outside facility that specializes in treating the DDD and DSD at the VA's expense (e.g. spinal decompression therapy).

Anyhow, point being is if a new condition develops from a primary rated service connected disability, a veteran, with proper objective medical evidence substantiating the claim, can claim that condition secondary to the primary rated s/c condition.

[cannoncocker]

I got SC'ed for Lumbar Strain with radiating pain down legs. The radiating pain is a result of a herniated, well protruding disc pushing on and pinching on the S1. The only way I was able to get that done was go to the best Spinal Neurologist in our area for an IME which cost $320.00. Her CV trumped anybody they would bother with and she did a nexus for the degenerated, buldged,.....back.

So my suggestion is to compile all your MRI's, Service Records, and etc and find a good specialist, show your evidence and make your case how that your current difficulties are a result of your service.

I think a basic point in law is a good argument being the "Reasonable Person" belief concept in which you say would a reasonable person believe these injuries came from me setting at a desk or heavy repetitive lifting over years. I don't know all your details but hope this might help. This does not mean the VA will just say oh well, why didn't you say so! But stick to it.

[vaf]

We argued this very issue to the Court of Appeals for Veterans Claims (lumbar strain vs. intervertebral disc syndrome, i.e., slipped disc, bulging disc, ruptured disc, etc.) regarding the lumbar condition being rated under the wrong diagnostic code, the correct one being for IVDS. The VA agreed there was an error, and the Court issued a joint remand back to the Board. We used the VA's own Fast Letter on IVDS from a few years ago as evidence, along with the medical evidence that was available from the date of initial claim 17 years ago and throughout time to the present day.

So, you can appeal it as a CUE, and ask for the correct rating, assuming you have the medical evidence to back it up.

If I remember correctly, I believe the maximum rating for lumbar strain is 40%, whereas the maximum rating for IVDS is higher. This appears to be the reason the VA favors rating lumbar back conditions, regardless of the condition of the discs, under the diagnostic code for strain.