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

[iceturkee]

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

pardon my ignorance but did the emg state you had radiculopathy? i ask because i had several done on both legs and they were positive. in the last year, my primary care doc has opined that i have it as well. no emg's have been done in years. thinking abaout asking for a new one as my condition has worsened.

Edited August 8, 2015 by iceturkee

[zeelarry]

I know nothing, Zero, 0, about the back & its connective parts. However, you had stated 'The doc said in her report that some of my foot issues could possibly be related to the back issues that the MRI revealed.'

My question is the wording of could possibly be. Are they the actual words, as stated in her report? If so, you'll probably need to get her to state that the foot issues are more likely than not related to the back issues. The key words being: more likely than not.

[Andyman73]

First things first, I went back to the report, where the doc mentioned the previous MRI. In the report she just mentioned the MRI, but when she was speaking to me, she actually said she feels it is most likely due to the narrow neural foramina. So, I was mistaken about that part.

Anyway, i do have a 40% for low back strain, however nothing addresses the ddd or sciatica type pain and suffering that i enjoy on a daily basis. I mentioned the burning and electrical shock like feelings in my feet, during my C&P for my feet. No mention of it in the decision letter.

During my back C&P the examiner skipped over the radiculapathy section, putting no for the answers.

I currently have no rating for any nerve related condition. I do have a new award for pes cavus, claw foot. which is 30%. However no consideration was given to the burning sensations or pins and needles, tingling, bolts of lighting sensations either.

The EMG was only performed on the lower portions of my legs, to see if the issues stemmed from nerve impingment at that point. Since it was mostly normal, then, the issues must stem from higher up the line. I have the most severe of my spinal issues at the L5-S1 area. This is where the doc had opined that the narrowing can cause issues with the nerve root there, bilaterally.

More thoughts?

Andy

[pwrslm]

You already have the 40% on low back. The only thing higher is if your spine is frozen from the butt to the neck. Everything they list is rated as a single unit, they don't rate scoliosis and stenosis and DDD, or other low back/spine condition on top of it because then its pyramiding.

They can use one of the microscope setups to clear the foramina and reverse the stenosis. It can come back, but the surgery is short, you are back up walking the same day, probably go home w/in 24 hours. Short recovery. They

[Andyman73]

I work with a Marine who has two separate ratings for his back and bilateral radiculapathy. So I know that the VA gives then their own rate. My back rating doesn't cover my sciatica, it isn't listed in the award letter.

And it isn't covered in the award letter for my feet, either.

My thought is that would the degenerative disc disease be the be the cause of the sciatica? That is listed in my treatment records at the VA, and is even DX'd in my back C&P as what should have been the correct DX from day 1. And same exam doc states that the ddd was seen in x-ray film whilst I was still on AD, which would make it service connected. I would think.

[john999]

"Could Possibly" is really not strong enough language for a strong claim. The VA may say this is just speculation. If the doctor would say that it is "at least as likely as not" that your radiculopathy is service connected this would be what they want but most doctors don't talk like that but if they are VA doctors they should. Your doctor has to spell it out for the VA. She/he must say at least that in her medical opinion your foot problems are a result of your back issue and are a secondary symptom of your SC injury/illness. If you can get any qualified doctor to say the magic words you have a claim. The VA doctors know exactly what is required but are discouraged from doing it.

Are your back issues service connected? What you want is for your foot problems to be rated as secondary to your back disability. The doctor must draw the conclusion because the VA won't.

Why the VA doctors are always so feeble in stating the obvious is a wonder and is probably a result of their being fired if they give vets too much ammunition.