Inferred Contention?

[Andyman73]

Ok, me again, hope to not be such a bothersome nuisiance...but here goes...

I had an MRI done in conjunction with back C&P. MRI report states moderate to severe narrowing of neural foramina, bilateral, of L5-S1.

I had EMG done, a few months later, to check on neural transmission in my lower extremities. The doc said in her report that some of my foot issues could possibly be related to the back issues that the MRI revealed.

Is this enough to file a claim for radiculapathy? Please advise, all ye who have knowledge.

Thanks,

Andy

[Gastone]

Your at 80% SC, unless the new claim would open you to a New C & P that could possibly reduce (1) of your current SC conditions, file the FDC and let the VA determine if it's a ratable Secondary issue.

Take into consideration what possible SC % could be obtained for this new condition vs your current rating. A new SC at 50% would get you to 90% SC. Have any of your current SCs improved, dramatically? Have you reached the 55 age cut, where no reduction C&Ps are Diary Dated to be scheduled?

If you see no down side, possible reduction, file the claim and let the VA figure it out.

Semper Fi

Gastone

[Andyman73]

Gastone,

I have been dealing with sciatica since the mid-90s, and is mentioned more than once in my SMRs. A recent MRI for my back shows degenerative disc disease(which was first noted on an X-ray from my AD days). It also shows narrowing of neural foramins from mild to moderate and moderate to severe at several spots. One in particular, the L5-S1 is the most severe, which is also the site of a bulging disc, and is noted on MRI report to be very likely to interfere with the nerve root, bilaterally.

I have issues with my feet, for which I was recently given a 30% SC award. I had an EMG performed(what fun!) and the doc opined that the nerve issues do not stem from within the lower extremities themselves, but, she believes, from the back. In the reasons and basis section of my award letter, no mention was made of the burning or pins/needles, or numbness that I had mentioned to the C&P examiner, during my foot C&P.

I am interested in a claim for sciatica(radiculapathy) due to the fact that, 1) it was mentioned in my SMRs 20yrs ago. 2) It has progressively gotten worse. 3) The DDD which is a known cause of sciatica, was first evidenced while on AD, and recent MRIs have shown damage in my lower back that can definetely cause sciatica. 4) And the doc opined that the burning and such is most likely caused by my back.

As a side note, I am now experiencing pain in my L calf region where the EMG test was done. When the doc stuck a pin in my leg, to listen to the natural nerve signals, she tapped the nerve itself and caused excrutiating pain. Like an instant Charlie Horse....no fun if you've ever had them.

Your thoughts?

Semper Fi.

Andy

[Gastone]

With no improvement in your current SCs, it appears that it should be a quick FDC, you never really know. Looks like everything , Medical Evidence wise including a possible Nexus statement, is already in your VA Clinician notes.

Don't start half stepping, wondering what else you need to do, file the FDC. Let the VA Rater figure it out. Do it on your E Ben site. Cherry pick the VA Dr's notes that support your claim, attach as pdf's to the end of the claim. You have to guide the raters, on occasion.

A new 30% SC should get you to 86 rounded to 90, right.

Semper Fi

[Pete53]

Even if inferred the VA unlikely to award unless you ask.

[Berta]

Pete is RIGHT! File a formal claim.

[pwrslm]

It sounds like you currently have a rating on your back, no?

Foraminal narrowing is the same as foramina stenosis, it is the narrowing of the outlet in the spine where the nerve leaves the spinal cord. This is rated in the same pot as all other back problems, scoliosis, DDD, IVDS...etc. The effect that It can have is that it impinges/pinches the nerves. It can damage the nerves. L3 to L5/S1 are normally the area's where this occur's, and it causes sciatic pain/numbness/pins and needles... weakness in your legs..etc...sciatic pain is the symptom from radiculopathy.

The way its rated is through ROM, how much you bend twist and turn, just like they do for lumbar strain. They rate the radiculopathy from the spine to the legs/feet as a condition of the nerves, which you stated you have a 30% award for already.

IF you have no rating for your back already, then do file a claim. If the ROM in your back is not affected, you should not make any claim if you already have an existing rating on a spinal condition.

Edited August 8, 2015 by pwrslm