Auto Allowance

[JayBrown1]

What the VA definition of loss of use for the purpose of granting auto allowance and special monthly compensation? I have 40% rating for left knee fusion(no movement) and 10% for left foot complication. I am also scheduled for total right knee replacement. Would my conditions be considered enough for auto allowance and smc?

[Guest rickb054]

Rick, you are wrong I got approve for adaptive equipment, if you are going to give advice make sure you have all the facts

Yes you are correct for one or both ankylosis of a knee you can get the adaptive grant. With that said so sorry to have misspoken, I'm sure you have never made a mistake either.

Now to your original question, does ankylosis of a knee qualify you for an auto adaptive grant. Again the answer is still no.

All I did was quote the facts and based on your comments you do not meet the qualifications for the grant. Now if you have been rated for loss of use you did not state that. for further information the fact sheet is posted here.

http://www.vba.va.gov/benefit_facts/Servic...Autoeg_0406.doc

[JayBrown1]

Like I said before I have been granted auto adaptive equipment and yes I have made mistakes and I can admit it. I guess the VA made a mistake when they granted me auto adaptive equipment which will cost more than the auto allowance grant.

By the way, what part of the VA system do you work?

[Guest rickb054]

Like I said before I have been granted auto adaptive equipment and yes I have made mistakes and I can admit it. I guess the VA made a mistake when they granted me auto adaptive equipment which will cost more than the auto allowance grant.

By the way, what part of the VA system do you work?

Jay,

I don't work for the va ( but have been dealing with the va for 21+ years)and again I was off base... when I read the information concering ankylosis of a knee I learned something, No the va did not make a mistake in your award of adaptive equipmet. The most important point I was trying to makle is that in order for you or anyone to receive the auto adaptive grant you must be rated for loss of use. If you have not received a K award for loss of use then you do not qualify for the auto grant. My mistake was assuming that loss of use was for both the auto grant and the adaptive equipment, nothing could be further from the truth. They are seperate issues, with seperate rules.

My sugesstion to you is to ask for a rating concerning loss of use , and to request the auot grant at the same time, If you just ask for the grant it is likey that you will be turned down because as I said before you must be rated for loss of use before the grant is awarded.

Again soory for the mistake, I try to be careful not to put out bad information, but from time to time we all make mistakes, with this board a mistake will not go unnoticed as is evidenced here.

[Guest rickb054]

Rick, Fusion of the Knee with no movement is unfavorable Anklyosis.

Here are the loss of use regulations.

I post them the way they are written.

I respect your opinions but I dont appreciate your efforts on this subject.

§ 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.

( :) 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,

If I had ever said as a moderator, "I respect your opinions but I dont appreciate your efforts on this subject." People would have been all over me. and many were for far less. If I did not take the effort then I could not have voiced my opinion. If you dont respect my effort then you care less about the opinion... If we don't take the effort then there is no Hadit...and you would have no board to moderate. As someone once told me, " as a moderator you must be selective in how you correct people, but as a user you can get away with much more.

With that said I really hate to put out bad information much more than I hate to see someone else post band information. I pride myself on the knowledge I have concerning va benefits and the wars I have won over the 21 plus years I have been a veteran advocate, my mistake was that of a novice. The good about this is that on a board like this bad information never goes unchallenged as is the case here.

Now My mistake was assuming that loss of use was for both the auto grant and the adaptive equipment, nothing could be further from the truth. they are seperate issues, with seperate rules. I was unaware that ankylosis of the knee qualified a veteran for adaptive equipment but it still does not qualify a veteran for the adaptive grant.

The initial question was however concerning the auto adaptive grant. The main point is Unless a veteran is rated for loss or loss of use he will not be awarded the adaptive grant. It is only after award of loss or loss of use that a veteran will even be considered for the auto grant. I still think you are wrong in your assumption, that a veteran can be awarded an auto grand based only on ankylosis of a knee. The veteran must first be awarded loss of or loss of use based on the ankylosis before he will considered for the auto grant. In my opinion a 40% rating for ankylosis of a knee does not equate to the requirement for loss of use.

enought said.

[JayBrown1]

I understand Rick, because I too have been dealing with this system for 20+ years and have been told everything you can imagine. We really don't know what we are entitled to until we file a claim on it or when we pull out the VA regs and try to make sense out of this madness.

[sixthscents]

OK, after reading this obviously there has been some confusion.. a determination of loss of use is required for the automobile grant... a determination of necessity is required for adaptive equipment as determined by the local or closest VAMC orthopedics department, and the automobile adaptive equipment specialist.

The specialist will set a date to meet with you preferrably in the vehicle to be adapted and observe how you drive. Based upon that he/she will reccomend certain adaptive items. I have both the automobile adaptive grant (already used)... and the adaptive equipment necessity. A veteran can have (2) vehicles adapted for free at any one time. If they sell a vehile they should attempt to schedule for the adaptive equipment to be removed by the installing company if possible... however it will NOT preclude them getting another vehicle adapted...

common vehicle apatations include but are not limited to...

Air Conditioning (special note needed from doc on this)

Auto Trans

Hand controls

Auto light

Auto Wipers

Power windows

power locks

rear window defrost

leather seats

power seat adjust

auto ramps

auto sliding doors

and more

it depends on what the evaluator says you need but if you need hand controls you pretty much need all the other stuff too... since you only have one hand because the other is on the gas/brake handle...

Now you take the sticker with the acessories on the car, and submit this with a claim thru the adaptive vehicle agency coordinator... and you get a SEPERATE check from you adaptive vehicle grant.

Like I said this can be used again and again (within reason of course) over your life as you buy new cars with these options since you have to have them... even before the other adaptations are included by a contractot (like hand controls, electric ramps etc)

I THINK they cut me a check for about $2400... or there abouts. Something like that, and this is a permanent entitlement as long as the injury or illness requiring the adaptation is present.

The adaptive vehicle grant is a ONE time deal where the cut the dealer a check for $11K... it may be more now, but thats what it was when I bought my Lincoln. One time ONLY (for now anyway... maybe they change that too)... and it does require loss of use

The adaptive housing grant (50K now but going up to 60K) can be used in 3 increments or all at once and loss of use, with other stuff is required.

Anyway... I hope that clears some of this up... I can quote the applicable reg if yall want, but Id have to look it up since its not on the tip of my tongue.