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.

[Berta]

Guys-opinions needed-

When Rod had a Section 1151 stroke a Neuro gave him a C & P.

It was done in the hallway between three exam rooms at the local VAMC.

It took about 5 minutes.

She (the Neuro)said What is wrong with you?-He was surprised because she was the doctor -not him-so when he looked at me instead of replying-I said he had a major cerebralvascular accident.

(All the docs at this VAMC would ask that question-he forgot this was their SOP)

'Can you stand on your heels and on your toes?'

(Rod couldn't do this as his balance from the stroke was still off. He dealt with so many mental problems that he thought at first the doctor meant stand on heels and toes at the same time)

Then the doctor leaned back in her chair in the hallway and loudly stated "Mr. Simmons-I pronouce you totally and Permanently disabled " as if she had just found the Holy Grail-

Rod looked at me like Duh!!!!!- no kidding-

My question is-since I was told he would never walk again and only a fight with the VAMC got him therapy and he did walk again- though not with a normal gait- is this a loss of use of foot?

Probably not?

Then again he could not dial a phone number nor write a legible check nor be able to handle change and dollars-part of that was due to 1151 vision problems.He had been in a computer program at the local college but found he could only use one finger and with the vision problems and coorsination problems, he could not use the computer at all like he used to.His hands were always numb.I had to watch him in the shower as he could not tell hot from cold water.

More importantly-this is all documented in his SSA records.

He used to have PHVAC license and our heater broke-

it only needed a prime and I could do it but he wanted to-he felt this was his job so I got him the tools and he managed to sit on the floor to open the heater up.

This is something he had done for neighbors many times as well as us- because NYS temps get so low that the fuel line can actually freeze up or get chunky and the system has to be primed.

He had a lot of trouble holding the wrenches-you need 2 on 2 of the nuts-I took one wrench to hold

then his wrench slipped, and damaged another part of the system and he broke down and cried as he realised he could not even handle these tools anymore.

It ended up costing us money too to fix what got broke-he felt devastated by his inability to do this simple job.It wasnt his fault at all.

My long point here is that SSA seems to take great details as to how limited ones use of their hands is due to many disabilities. If you cannot use your hands how can you work in most jobs.

Question -does this satisfy -in your opinions- as loss of use of hands under 38 USC 1114??

After his stroke his hands were almost in a clubbed position but he could move his fingers.

The ME even noted his hands on his autopsy-as

"washerpersons hands"

I found this is a condition- a symdrome that results in diabetics who suffer severe dehydration.

That supports the nursing notes that document that Rod told them many times in the local VAMC that he was dying of thirst.(one n urse told me they would kill him if I didnt get him out of there-luckily I had already raised enough hell that they were in process of transferring him)

I am sorry- I go on and on- when I think of all this-

I guess I have PTSD from it all too-

it took me months and months to even consider re-opening his death claim for AO direct SC death.

My daughter insisted that I do that.

I still see him collapsing and dying when I go into the barn.

You guys have an excellent discussion going here on SMC- these posts can help others in hyperspace I am sure.

Edited June 21, 2007 by Berta