lumbosacral Lumbar Strain With Ddd

[diver]

Hello all.. first of all I want to thank all of you for all the help you have given me through this process with the VA. I again have some questions for the expert here. I am rated 40% for at lumbar strain. I have an x-ray before and an MRI that was done after my C&P that show that I have DDD of L5 S1 and the MRI shows a 4mm bulge. The C&P examiner stated “1b) at this time, there is no diagnosis attributable to the bilateral hip pain” & “2b) lumbar muscle strains/sprains cause symptoms isolated to the low back. They do not cause problems in the legs like some other spine conditions. The most common symptoms of lumbar strain/sprain are: pain around the low back and upper buttocks, low back muscle spasm, pain associated with activities and generally relieved with rest. Lumbar sprain/strain involves the ligaments or muscles and not the nerves. Hence, there should not be any neuropathy symptoms.”

The examiner did not have the results of the MRI to look at.

My question is.

The VA denied my claim for sciatica because there is no current diagnosed disability. I have a diagnosis of Lumbosacral spondylosis without

myelopathy (SCT 48210000) would this be different then the lumbar strain and there for be the cause of the chronic hip pain. If so what should I do about it if anything?

The dr marked the claim is less likely than not.

Next question the examiner did an exam for peripheral nerve condition. For diagnosis he marked no and “there is no objective evidence to support a diagnosis of the claimed condition at this time. Now for the question foot dangles and drops, no active movement of muscles below the knee, flexion of knee weakened or lost. The doctor selected right: incomplete paralysis and if incomplete he marked mild. For the left foot he marked incomplete and moderate.

Looking at the rating that exact selection (if I read it correctly) is 10% and 20%. What should I do?

And for my chronic hip pain. It was denied because there is no diagnosis of hip pain. The doctor said there is no objective evidence to support a diagnosis of the claimed condition at this time. But later on in the exam sheet he marked pain to palpation in both hips. Hip flexion: 15

Right hip adduction (normal is 25 degrees) 15. abduction (normal 45) 15

Left hip post test ROM =20

Post test extension is at 0

External rotation ends (normal 60) 15

Internal rotation (normal 40) 15

Left hip adduction (normal 25) 15

Left hip abduction (normal 45) 15

Hip flexion (normal 125) 15 right hip

Yada yada lots more but I don’t want to bore you any more. If there is more you need please ask for it and I will get it for you.

For all of this there seems to me to be plenty of evidence for a positive outcome. So what do I need to do to get it?

Thank you

Diver

[diver]

And sorry one more thing in the blue button there is a problem list. Is this a list of diagnoses or just problems? The reason I ask is one of them is Sciatica (SCT 23056005) and if it is a diagnosis then there is a diagnosis for the sciatica claim they denied for there not being a diagnosis.

[ArNG11]

If I may how did you injure your back? It depends on the evidence that you have or had at the time the decision was made. It's a big plus if you have inservice medical records that document the injury and continuity of treatment. I beg to differ on those symptoms with the opinion of the VA doc. I fell out of a HMMV when I injured mine. Landed on my left side and back. My spine is pretty jacked up, and I have osteoarthritis of both the left hip and the spine. My right hip also has signs of arthritis and shift because of the fall. This along with nerve damage, nerve root compression, DJD, DDD, Muscles spasms, and abnormal curvature of the spine. An injury like that can most definitely cause those kind of problems.

You are going to have to get a medical opinion to contest those findings in order to beat that low ball of a rating. Although I have to admit you did better than I did my first go around. I got rated 10% for deformity of L1, 10% left radiculopathy, and 10% tinnitus. My second claim I received connection for my right radiculopathy at 10%.

It is not pyramiding either. You can can a rating for damage to the muscles, nerves, and the spine. I will warn you though it's going to be a fight to get correctly rated. JMO

[diver]

ArNG11 thank you for your reply. This has been ongoing for 20 years. I was injured as a medic in the army. I started with 10% for both knees. 5 years later I went to 30% knees. Then in 03 I was given 20 for lumbar strain and 10% tinnitus. For a total of 60%. Now they gave me 40% lumbar strain and 20 and 10 for ankles. But for 10 years they have denied my hips. And now sciatica.it has been a long road and I'm just trying to get covered for when I can no longer work. I give about 10 more years before I can't even really walk. Life sucks and then fight for 40 more years before you can stop

[ArNG11]

Man, honestly NOD are the way to go to battle the low ball ratings however, you only have one year to do that via a Notice of Disagreement. In order to combat a decision that has become final, the only real way to hit that is with a CUE. Clear and Unmistakeable Error. There is no leeway for the vet in that scenario, you are on equal footing with the VA if that can even be said. There is no equality there and no benefit of doubt. It had to be a legal error that would have ultimately be detrimental to the outcome of the claim. Berta, a long time advocate, has good templates and a good explanation of the CUE process. Check the forums and you will see what I mean.

[ArNG11]

ArNG11 thank you for your reply. This has been ongoing for 20 years. I was injured as a medic in the army. I started with 10% for both knees. 5 years later I went to 30% knees. Then in 03 I was given 20 for lumbar strain and 10% tinnitus. For a total of 60%. Now they gave me 40% lumbar strain and 20 and 10 for ankles. But for 10 years they have denied my hips. And now sciatica.it has been a long road and I'm just trying to get covered for when I can no longer work. I give about 10 more years before I can't even really walk. Life sucks and then fight for 40 more years before you can stop

Don't think in terms like that brother. You will go looney. Research, familiarize yourself with the CFR's and ask questions on here. There are a lot of knowledgeable people on here that will be more than glad to help.

[diver]

I will keep fighting. I must. And thank you but is my Fed and lumbar strain the same? The doctor seemed to rule out the sciatica because the lumbar strain can not cause the hip pain and the sciatica. And for the hips the tests showed a lot of deficiencies but he said there was no diagnosis to go by. That's why I am wondering about the blue button and the problem lists having sciatica listed along with chronic hip pain. I don't know what steps to really take on this situation. For my hips I did have a second review of the claim and they did state there is no diagnos of hip problems so I am working on that now with an appointment on the 4th