Loss Of Use

[windy city]

Placed a claim for lou of use of lower extremities which is being caused by my S/C disabilities. Recieaved letter from VA saying that they got my claim. Enclosed was a paper informing me that if order to get the smc at the R2 I must present a statement from a licensed health care. Well my civilian doctor put me in a home exercise program for my back,legs and hips for which my wife is supervising and my physical therapiest is going to check twice a month. Need soem kind of advice on what to do.Thanks.

[Guest RickB54]

Sixthscent,

Thanks for your reply. First of all I been diagnosed with Fibromyalia rated at 40 %, this affects my lower back, hips and knees, second I have ddd at my L5-S1, third I had a MRI which says I have a left far lateral/forminal disc protrusion and finally during a c/p exam the doctor also stated that I have fibromyositis on both of my knees and ankles.I have to wear bilateral knees braces, AFO's and use a cane to walk because of my gait, all these accesories prescribed by my va doctor.The exercise program was prescribed so that I will not continue to loss of range of motion.Because of all these problems it makes difficult for me to walk or get up without assistance.Thanks

I don't understand how you are rated loss of use if you can still walk.

[Ricky]

Loss of use does not = can't walk! There are medical devices which allow you to walk. If you have loss of use of the ole organ and receive SMC K and they give you viagra does that mean you should not be getting SMC K? Just trying to see what you based your statement on.

[windy city]

Loss of use does not = can't walk! There are medical devices which allow you to walk. If you have loss of use of the ole organ and receive SMC K and they give you viagra does that mean you should not be getting SMC K? Just trying to see what you based your statement on.

Ricky,

Does a person have to be in a wheelchair in order to recieave LOU. According to my DAV representative a person does not have to have to be wheelchair bound. Just because I refused to be in a wheelchair does not mean I can walk like a normal person like I use to do..

[LarryJ]

Ricky,

Does a person have to be in a wheelchair in order to recieave LOU. According to my DAV representative a person does not have to have to be wheelchair bound. Just because I refused to be in a wheelchair does not mean I can walk like a normal person like I use to do..

Say, for example, your foot/ankle just do not work anymore, like a foot/ankle should work.

Say that they put you in an Ankle-Foot Orthosis (a plastic thingamabob brace that holds your foot/ankle where it cannot flex in any direction). Then your ankle/foot does not function any better than if you had your ankle/foot amputated and a prosthetic device to replace them. Then you have "loss of use of".

[Guest RickB54]

Loss of use does not = can't walk! There are medical devices which allow you to walk. If you have loss of use of the ole organ and receive SMC K and they give you viagra does that mean you should not be getting SMC K? Just trying to see what you based your statement on.

3.350 Special monthly compensation ratings.

2) Foot and hand. (i) 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, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:( a ) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 31/2inches or more, will constitute loss of use of the hand or foot involved.

( b ) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.

Ricky,

I have drop foot, I wear an AFO, I cannot exercise to make it better, in fact there is no exercise for such a condition, since dropfoot is complete paralysis of a nerve, exercise cannot help the condition.

If someone has "true" drop foot, he is not walking very far, even with a AFO.

I ask again how can one be able to exercise and still be awarded a K award for loss of use?

And yes technically loss of use means that you cannot walk.

While I have seen some people wearing AFO braces to assist them in walking, if you take the brace off they will not be able to walk without tripping on the foot. I know everyone is different, but I doubt many rated with loss of use are doing any form of exercise, as I said above because exercise does not correct the problem, hell surgery will not even correct the problem.

[Ricky]

Windy Take a look at my post again. I am on your side on this one. However, I now understand where Rick is coming from. If the loss of use is due to foot drop then exercise, surgery etc.... will not help. Therefore his comment is 100 percent on track.

I am assuming that your loss of use is based upon 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, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:( a ) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 31/2inches or more, will constitute loss of use of the hand or foot involved.

If so then I understand an attempt at exercise to correct the problem.

Edited June 21, 2007 by Ricky