lumbosacral Lumbar Degenerative Disc Disease

[Getting Old]

Could you all please read and give me your opinion on what my next step should be. I did appeal my claim and sent in more information on how much time i had to take off because of my back while i worked for the prison. this is my first post so please bare with me, i know its alot.

Up to date- my back keeps me up at night and still bothers me to this day.

Service connection for lumbar degenerative disc disease claimed as lower back.

Your service treatment records noted an injury to your back in service. X-rays of the spine were taken on October 7, 2002 after you complained of tenderness over the T10 T12 after trauma. The x-ray was normal. Your separation examination noted a “normal” spine and there were not complaints voiced by you at the time concerning your back and/or spine.

At the recent VA examination conducted on February 1, 2011 you complained of pain stiffness, weakness, and fatigability. You stated that you had an injury to back in the service when he went to stand in a tank and the tray where ammunition is loaded hit you in your back. You stated that you had mild problems afterwards, but notice more problems when you worked for the prison system from March 2009 to August 2010. You noted that with prolonged standing for a few hours as well as with sitting while driving for a few hours, you would feel low back pain. Lying down will help this. You saw a private provider and was scheduled to get therapy before trying back injections. You have numbness in the right leg to the foot that would occur with the back pain flare ups but currently you denied any numbness. You also start limping during a flare-up. The pain is located across the lumbosacral area and does not radiate. You are able to walk normally without any assistive device. This condition has no effect on your usual occupation. You are able to perform all activities of daily living. Range of motion of the lumbar spine: forward flexion: 0 to 90 degrees without objective evidence of pain; extension: 0- 30 degrees without evidence of pain; right lateral flexion: 0-30 without objective evidence of pain; left lateral rotation: 0-30 degrees without objective evidence of pain. There was no additional limitation of motion following 3 repetitions. The examiner stated that on exam today, there was no objective evidence of painful motion, spasm, weakness, or tenderness. You denied any incapacitating episodes in the past 12 month period. Strength was 5/5 in all muscle groups of the upper and lower extremities. Straight leg raise negative bilaterally,. Sensation to light touch was intact in the upper and lower extremities. DTR’s: 2+ bilaterally, babinski negative. MRI of the lumbar spine dated June 29, 2010 noted mild bulging of the annulus at L4/L5 may abut but does not displace the exiting right L4 nerve root. The diagnosis provided by the examiner is lumbar degenerative disc disease. The examiner opined that this condition is less likely as not caused by or related to veterans service. There was no evidence found of periodic treatment for low back condition continuing from service. No low back condition was noted on exit exam from the service.

A disability which began in service or was caused by some event in service must be considered “chronic” before service connection can be granted. Although there is a record of treatment in service for pes cavus claimed as right foot condition, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, service connection for lumbar degenerative disc disease claimed as lower back is denied.

[Getting Old]

I think you are right, I just dont think I can afford it.

Allan

I agree that when the VA starts to play all these games of denying IMO's and fishing around for opinions just based on exam of the records then it is time to get a lawyer. When you get to the Court it is all legal jazz. I really don't think a non-lawyer stands much of a chance. There are a few people here who could do it on their own, but it you are looking at years of retro why not just hire a professional?

[iceturkee]

mark,

i can kinda relate. while on active duty in the navy, i attempted to pick up a box and threw my lower back out. the pain was so bd, i needed two people to get me up off the floor. i went to the air force hospital (i was stationed at washington navy yard and lived at bolling afb at the time.) the doctor didn't take any x-rays but could feel something was out of place. he manipulated my back and everything went back in. his handwriting was so bad, it was difficult to read.

that was the only entry in my navy medical record regarding my lower back. as it worsened, i filed a claim for service connection and was denied because i didn't submit a well grounded clain. my vso at that time suggested i see a civilian doctor who could tie the dots. i never did. today, i have spinal stenosis, bulgig discs and a slipped vertabrae in my lower back.

my advice is find a civilian doctor who can clearly state your injury on active duty is causing your problem today!!!

[Hoppy]

Get a lawyer and consider this.

If this were my claim I would seek a letter from a specialist that provides full supporting logic. Consider the claim has already been denied. There is more to a claim than continuity of symptoms. There is still a requirement to deal with the good old nexus issue. In the military the symptoms noted tenderness over the T10 T12. Your current symptoms involve what appears to be a lower back injury.

If it were me I would seek an opinion that contains full supporting logic as to how the symptoms noted in the military can be related to your current condition. I have worked with lawyers (personal injury-whiplash) who were in the business of predicting the potential for long term disabilities based on current symptomology. With VA claims we usually know thecurrent symptoms and try to relate them to symptoms in the military. I would suggest that you address your symptoms from both perspectives. I would seek an opinion based on a review of the SMR that the type of injury noted in the military could easily have caused sub-symptomatic derangement of the spine or pain that rapidly resolves yet would more likely than not have long term consequences including the current symptoms being experienced. Additionally, post service injuries, employment and advancing age were considered and ruled out as being factors causing the current level of symptoms. It is more likely than not the current level of symptoms are related to the injury noted in the service medical records.

Edited September 14, 2011 by Hoppy

[Hoppy]

When I get this type of letters use the IMO format listed here on hadit. I also have the doctors discuss their years of experience treating back injuries and following up on patients who had life long symptoms after an injury. There are also some research studies that a lawyer or clinician who is in the business of being an expert witness in personal injury cases would have access to.

Edited September 14, 2011 by Hoppy

[rpowell01]

Getting Old,

Listent to Jbasser and others. Get Dr. Bash and/or get a Pro Bono Attorney that will work on your case and get paid out of the retro. I think JBasser can point you to the Attorney...

Edited October 21, 2011 by rpowell01

[rdawg]

I had two denials and filed a NOD before hiring Dr Bash. I submitted Dr. Bash's IMO, withdrew my NOD and asked for a reconsideration based on new evidence (IMO from Bash). I was service connected 60 days later without a C&P. They gave me 20% based on Dr. Bash's range of motion measurements. It was fair so I did not appeal. I was also denied twice for IBS and had the same result in 60 days with a 10% rating.

The most important part to me is Dr. Bash opened my eyes. He found entries in my SMR's that I was exposed to some nasty chemicals while serving. I never made the connection between my sinus, vertigo, headache issues but he did. I have those in for claim now with another IMO from Dr. Bash. He is worth every penny in my book.