Loss Of Use

[Ricky]

Hey guys could some one please break this down into laymens terms for me:

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.

The part that I have a hard time understanding is the last part about the determination. Does it mean that if you can walk with a prosthesis then it is not considered loss of use?

Thanks

[Berta]

What a good question!

Makes me think about a friend I have-

He has PTSD and also lost his leg in Vietnam.Navy Seal-highly decorated-

famous in the county and his experiences in Vietnam are documented in 2 books-

I am 100% sure his PTSD is 100% SC P & T-

Even though he has a prothesis- I always thought he got SMC for this but now not sure-

He did get a large Housing grant and it even covered a inground swimming pool for exercise due to his loss of limb.

I have not found anything yet at the BVA that would show, with a prothesis , they would grant SMC.?

[LarryJ]

What they are trying to say is, if you get around on your existing foot (for example) like you would get around with a prosthesis..........then they will (supposedly) consider you as having "lost the use of" your foot.

Of course, trying to explain what the VA was trying to say in this case, to some 20-something twit at the VA is kinda like trying to teach Harley (that's my dog, Harley) how to ride my hog Harley.........which I can't ride anymore because of my "loss of use of" one of the legs/foot necessary for holding up the Harley(s), either the HOG or the DOG.

[Rich T]

Actually, the answer is yes. They have two sentences,the first sets the condition based on "...well be held...". Then the second sentence gives the reasons for the determination. With or without the prosthesis, it is the function that is the determining factor (assuming the best to be achieved is with a prosthesis). Therefore, if your limb can ONLY function as if it were not there and your only remaining function would be as good as if you had a prosthesis.

[Chuck75]

I looked at the statement as a whole. Translated, if the remaining function of an arm & hand or a leg and foot is the same (or less) than it would be if an amputation existed, and a prosthesis is used --- special monthly compensation is appropriate. The question arises what does this mean, since there can be a great difference in functionality from one prosthesis to another. They are not created equal these days.

"The part that I have a hard time understanding is the last part about the determination. Does it mean that if you can walk with a prosthesis then it is not considered loss of use?"

Hey guys could some one please break this down into laymens terms for me:

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.

The part that I have a hard time understanding is the last part about the determination. Does it mean that if you can walk with a prosthesis then it is not considered loss of use?

Thanks

[sixthscents]

OK, I actually have some experience here.

If you are able to ambulate with a cane, you are still able to push foreward with your feet. Essentially if your able to balance, and move foreward at a steady rate without a brace then no loss of use.

However, if you are deemed to need an AFO (Ankle Foot Orthotic) brace, then they are essentially saying that the foot is useless.

So - with loss of use where the limb still remains, a brace is critical for a successful claim.

Personally I have 2 AFO's, and am rated at 100% T&P just for loss of use of both feet and legs below knee. The funny thing was I claimed the left leg 2 years after the right since the condition worsened. Since I stated that me "left foot was now essentially the same as my right" the VA scheduled an EMG to verify. I expected them to test the left leg, and they did... but then they compared it to the right which they also tested.

The EMG was conclusive and showed a mirror image, but... the VA was smart enough to check my claim that they were both the same now.

So, a brace or orthotic device is significant.

Bob Smith

[gwvet90]

What about pain -

If there is no function except propulsion - so it is basically a prosthetic - He "should" be rated SMC L

but then also has sever nerve pain/damage - is that rated seperatly?