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COPD apply forAutomotive Grant and /or Adaptive Equipment

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Blueboy

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I'm trying to figure out what this means regarding loss of use of foot.  VA definition, "Will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand or foot, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance and propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis."

Because of my COPD my rapid depletion of oxygen requires me to use walkers, wheelchairs or other devices for me to move from place to place. I am 100% service connected for COPD, 30% for PTSD, 10% for hearing loss. I require oxygen 24/7. I still deplete oxygen rapidly when using a walker but not in the wheelchair. I want to apply for an Automotive or Adaptive equipment grant. Does this functionally mean that I have loss of use of a foot or both? 
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  • HadIt.com Elder

It is not that easy. Loss of use means it must have the same effect on you as an amputation.

People with lung disorders including myself do have  a difficult time but we can stand if we have to. 

If you had a stroke and the nerve was paralyzed then that would fit the criteria as loss of use.

 

 

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The distance I can travel is about 10 feet before having to stop due to shortness of breath.. This is with a walker or some other device,  If you were to amputate my leg, I could not do any better.

:lol: Please don't ask me to amputate to prove it!

"Loss of use of a hand or a foot" will be held to exist when no effective function remains, other than that which would be equally well served by an amputation stump at the site of election below elbow or knee, with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, with attention to whether the acts of balance or propulsion could be accomplished equally well by an amputation stump with prosthesis. 38 C.F.R. § 3.350(a)(2)(i). The history section of an August 2005 VA examination report notes that the veteran's COPD resulted in the functional
impairment of inability to walk short distances. After providing the results of physical examination and diagnostic tests, the examiner remarked that the veteran required aid for ambulation. He needed to use a wheelchair and oxygen. He was able to leave home or immediate premises in a wheelchair with oxygen, supervision and assistance.

In this case, the evidence discussed in the veteran's claim for SMC establishes that he has no effective lower extremity function other than that which would be equally well served by an amputation stump below the knee with use of a suitable prosthetic appliance. He could perform the acts of balance
or propulsion equally well by an amputation stump with prosthesis. Accordingly, the evidence supports entitlement to an automobile and/or adaptive equipment. 38 U.S.C.A. §§ 3901, 3902 (West 2002); 38 C.F.R. § 3.808 (2006). It is unclear if the veteran can drive at this time. However, the issue of whether the veteran can drive is not before the Board at this time.

This describes me to a "T". However I was denied. I just came across the above yesterday. So now the question is should I try for an appeal?

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  • HadIt.com Elder

Yes  appeal it

YOU DON'T NEED AN AMPUTATION FOR LOSS OF USE. 

if you lose control of your limbs caused by your S.C. Disability's  then that is consider''Loss of use''

 example

some Veterans with Neurophy Problems ...say has Drop Foot''  they still have their foot  but can't use it  that is Loss of Use.

check with James Cripps on this issue...he requested a Auto  or special Adapted auto so he can drive  I believe he has  Drop Foot , and that is Loss Of use.

James is also the first to prevail as an A.O. Presumptive claim in the Continental United States.

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I did win my case. I was granted the Automotive and Housing grants. I cited the BVA Decision, Citation Nr: 1631670 Decision Date: 08/09/16. 

   In Tucker v. West, 11 Vet. App. 369, 373 (1999), the Court of Veteran Appeals stated that the relevant inquiry concerning loss of use is not whether amputation is warranted, but whether the claimant has had effective function remaining other than that which would be equally well served by an amputation with use of a suitable prosthetic appliance.  This veteran would not have more effective use of his feet by an amputation with use of a suitable prosthetic appliance because his COPD would still restrict him to a wheel chair.   The BVA Decision, Citation Nr: 1631670 Decision Date: 08/09/16    Archive Date: 08/12/16, DOCKET NO.  09-41 184 granted LOU of use of both feet to a veteran under similar circumstances.

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WOW-Good for you!

Usually it does not help to cite a BVA decision, as evidence for a claim being appealed because all decisions are specific to the vet on appeal.

BUT, the BVA clearly noted all of the regulations the RO did not consider correctly and cited Tucker V. West, in the decision you posted.

A BVA legal interpretation, and CAVC ( or COVA decisions as this one might be) citations that support their decision CAN be used as evidence, if the medical evidence warrants the award for a subsequent claimant.. 

I used a statement in a BVA decision I got long ago, as to a legal matter, to succeed in a claim many years later.

The VARO had refused to pay me some money but with the BVA statement and the actual regulation that warranted payment ( and after a call and letter from the OGC), they paid me.

I am glad you posted the results of your claim! I am sure this info will help others here searching for adaptable housing and auto grants.

I checked...this was a COVA decision:

https://veteranclaimsresearchcases.wordpress.com/2009/03/31/tucker-v-west-no-96-1493/

 

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