I have a VA accredited attorney who submitted a claim for lumbar strain secondary to right knee arthritis and left knee tendonits, both are already rated at 10 percent. The claim was denied. They stated “There is no clear evidence from review of orthopedic literature to suggest that an injury to one joint would have any significant impact on another or opposite uninjured joint or limb, unless the injury resulted in a major muscle or nerve damage causing partial or complete paralysis, or shortening of the injured limb resulting in length discrepancy of more than 5cm so that the individual's gait pattern has been altered to the extent that clinically there is an obvious Trendelenburg gait.”

I totally agreed with their assessment. The problem is I was diagnosed with lumbar strain multiple times during my active duty service and prescribed muscle relaxers along with physical therapy. The VA identified a favorable finding that I do have lumbar strain.

The problem is I wanted to file my history of lumbar strain as a primary stand alone claim. The attorney filed it as secondary. I have a current diagnosis from my doctor for lumbar strain and am attending physical therapy.

I spent 24 years on active duty, 14 years as a firefighter. My question is should I file again with lumbar strain as a primary claim along with my current diagnosis from my own doctor as new information?