Lumbar Claim, Will They Infer Sciatica?

[Theblaze]

Veteran is SC 10% for lumbar strain.

Previously denied SC for sciatica due to "no current diagnosis".

If she files an FDC for lumbar strain and supplies a DBQ that includes diagnoses of sciatica as well as lumbar DDD (from MRI), how would it be handled?

Will they infer a sciatica claim?

Might they change the SC condition from lumbar strain to DDD?

I ask because we want to file a simple 1 issue FDC in the hopes that it will be handled quickly.

Don't really want to file for lumbar strain and sciatica and DDD and make it look more complicated.

Thanks!

[brokensoldier244th]

I wouldn't count on it. Its separately rated for me. Im rated 40% DDD and 10% extremity for the sciatica.

[Theblaze]

Well, this is a "reconsideration" within one year of a decision - denial.

We want to file an FDC and hope it is done prior to August which is one year after the denial was done.

Anything that would slow it down we want to avoid

Tempted to just file for lumbar strain and let it go at that so it is a 1-issue FDC - which will hopefully go fast.

The DBQ and medical evidence we have (and will send in) has the sciatica and the DDD, so maybe they will infer those.

Just leaning towards a claim that goes as fast as humanly possible.

A fast claim with the VA, that's funny right there!