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

[Bound4heaven]

m

Edited April 9, 2007 by Bound4heaven

[windy city]

Bound, the neuro has diagnosed loss of functional use of left hand and left foot in August 2005. They originally thought nothing could be done but in Jan of this year they made me a special full contact AFO. It is special in that it is higher and causes viberations to be felt just below my knee when my foot hits the ground. They waited on the brace cause they wanted to see the level and if the pain stablized. It did and remains at 8-9. The brace shot it up to about a 15 until the foot became used to it. Without the brace I had to stumble around while keeping my eyes focused on my foot, if not then I would fall. The brace has made a difference in my life for it lets me walk halfway normal without staring at my foot. However, since I had been doing this since Aug 05 it is a hard habit to break hahahahaha. The fingers of the hand stay bent into a fist. If I try to straighten them out the pain shots to about a 30. I can not grip nor hold things with it. Can't button my pants, shirt or tie my shoes etc...... So hopefully things will work out at this DRO hearing. The only thing I can see them trying to do is set the loss of use for the foot based upon the date they made the brace. Medical diagnosis puts the date at Aug 05 though so maybe not but you never know. This stuff developed in Apr 05 but from Apr 05 to Aug 05 it was determined to be severe incomplete paralysis then it leveled off when the loss of propositional sense set in. Thanks for your input.

Bound4heaven,

I was not able to access your respond.

[Ricky]

her response is right there - it is "m" hahahahahahahahaha

[windy city]

her response is right there - it is "m" hahahahahahahahaha

Rick,

I am not able to see it because when I click on it it brings her screen. maybe I just do not nok how to access it. Can you help.

[Ricky]

Windy, I was just try to add a little humor. But on a more serious note her reply simply has the letter "m". Nothing else. When you try to review can you see this or is it that you can not see her post at all? You may want to ask the geeks for assistance if the latter is the problem.

[Berta]

not sure of the info in the first question-

but I suggest to access 38 USCS 1114-to see if your medical evidence would warrant a SMC "Loss of use of" award.

In this case the veteran did not succeed in getting SMC for loss of use of foot- however those regs (USC 1114)are in this claim and this claim shows you what evidence you need to obtain this benefit:

http://www.va.gov/vetapp02/files02/0205327.txt

Edited April 9, 2007 by Berta