Locomotion

[windy city]

Can anybody be able to explain to me what does the va mean when they use the phrase loss of use of lower extremities as to preclude locomotion without the aid of braces, crutches canes or wheelchair. Does this mean that you have to be using all the allpliances for the va to considered loss of locomotion.

[Berta]

This BVA case seems to define what "precludes locomotion"

http://www.va.gov/vetapp05/files1/0500981.txt

[windy city]

This BVA case seems to define what "precludes locomotion"

http://www.va.gov/vetapp05/files1/0500981.txt

If the veteran uses legs braces is that considered to be part of preclude locomoyion.

[john999]

Windy City

If you use leg braces 99% of the time then I think you have loss of use as far as locomotion. The case says you can occasionally walk without the braces but only occasionaly. If first thing in the morning you strap on your braces then you are in the ballpark in my opinion. That is how I read the case. If you need braces to walk you have loss of use.

[windy city]

Windy City

If you use leg braces 99% of the time then I think you have loss of use as far as locomotion. The case says you can occasionally walk without the braces but only occasionaly. If first thing in the morning you strap on your braces then you are in the ballpark in my opinion. That is how I read the case. If you need braces to walk you have loss of use.

Whaat about if I am not wheelchair bound will the leg braces be considered loss of use.

[entropent]

are you wondering about eligibility for specially adapted housing? that is where the language regarding locomotion is defined:

38 CFR 3.809(d) “Preclude locomotion.” This term means the necessity for regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion although occasional locomotion by other methods may be possible.

you should generally qualify if you have been rated as for loss of use of both lower extremities, regardless of the use of appliances, etc. unless you have only got loss of use of one lower extremity. then you have to have a separate organic disease which affects balance or propulsion as to preclude locomotion without assistive devices.

you can reasonably argue for meeting the criteria for loss of use of a lower extremity if you cannot "push off" with your foot when walking. that means that you would be equally well-served by an amputation at the site of election with a suitable prosthesis.

[sixthscents]

Windy,

It has been my repeated experience that a limb which by injury or illness requires the use of a full time AFO (Ankle Foot Orthotic) is considered as loss of use. Bilateral, is of course bilateral loss of use.

(Bilateral means both in medicalese)

Since you have braces on both legs, I feel confident that a loss of use determination will be made and loss of use of 2 appendages is a 100% schedular rating. It will also entitle you to SMC, at least at an L rate, and adaptive vehicle grant, adaptive houseing grant, HISA gant and bunch of other stuff.

I use bilateral AFO's and am rated at 100% loss of use for that alone. My schedular rating is over 200% now....

Oh and while I have a scooter (big 4 wheel rascle since Im 6'4" and 240lbs) I do NOT use a wheel chair, and was awarded the 100% prior to getting the rascle... like 3 years ago.

Anyway give a yell if any other questions.

Edited October 1, 2007 by sixthscents