Loss Of Use

[JayBrown1]

Can anyone tell me for VA purposes the definition of Loss of Use? I was told if you had two major joints with extreme ankylosis then the effected foots would be considered Loss of Use, Is this true?

[jbasser]

Jay, here is what it says.

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§ 4.63 Loss of use of hand or foot.

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Loss of use of a hand or a foot, for the purpose of special monthly compensation, 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.

(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of 2 major joints of an extremity, or shortening of the lower extremity of 31/2inches (8.9 cms.) or more, will be taken as loss of use of the hand or foot involved.

(:D 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.

[29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]

Jbasser

[JayBrown1]

What is the VA definition of extreme ankylosis of a joint?

[JayBrown1]

correction-What is the VA definition of extremely unfavorable complete ankylosis of the knee?

[Ricky]

Loss of use of a lower or upper limb is present if it serves no more purpose that if you were using an artifical limb.........

I think the answer to your question is that if it is completly frozen of locked into a fixed position with no motion capability.

[LarryJ]

What if the VAMC has put you into a brace that holds your foot/ankle rigid, where there is no movement of ANY of the various joints below your knee?

In other words, what if you get around the same as if you had an amputation below the knee and a prothesis?

Would this be considered "loss of use of"?

[Bound4heaven]

Greetings,

I am rated Loss of Use of bi-lateral feet. I use a cane to walk as difficult as it is, however due to my bi-later foot issues I was granted loss of use. Without the braces (given to me by my foot doctor at the VAMC) I have epsiodes of falling.

What made the difference for me was when I was issued braces for support. Please note when I asked for increase for my bi-lateral foot problems I was allready rated at 50% for the feet so the only next step was 100% due to loss of use. I didn't even ask the VARO for that rating. When I received my award letter along with my other issues they gave it to me, along with auto allowence, housing grant (which I have used) it was a real blessing. I hope this helps.

Bound4Heaven