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

[Ricky]

Thanks Berta - I read with interest the BVA decision in this claim. Just a couple of comments:

-The evidence shows right foot drop for several years, and he has difficulties in walking The way I understand the regulation it specifically states that foot drop will be take as loss of use of foot. So I do not know where this decision came from.

-Loss of use of a foot 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 the election below knee with use of a suitable prosthesis. I still have a hard time understanding this. My read on it is that the leg, foot etc... functions as though you were using an artifical limb, brace etc....However, seems as though the overall reading of this decision is that no matter what you use, if it makes the limb function then you do not have loss of use.

Anyway, I will present my case at the hearing and see where we go from there. My nerves in the limbs function very well - too well. If you stick me with a pin you will cause me to jump over the moon. My damage is in the thalamus where all the nerves meet. It is misreading signals from the nerves. an example is that the nerves in the hand feel the touch of cotton and relays that to the brain. When it reaches the brain, the thalamus reads it as if something was tearing the flesh from my hand instead of the feel of the cotton. You would have to do a search on Dejerine-Roussy Syndrome which would lead you to pain online.org or another related site to understand the effects. The loss of use claim if for extereme pain on movement plus this syndrom causes a complete loss of propositional sense. In other words when my foot touches the floor once again the thalamus is in capable reading the signal. Although it reads the feel of the cold floor as pain it can not tell when the correct weight bearing of the foot has been reached. The results of this without my watching my foot hit the ground or my new brace which transfers the vibs to the upper calf muscle is I do not know where my foot is. The brace functions the same as an artifical leg. With the articicial leg ones stump area allows the person to realize that his foot has hit the ground. My brace works the same.

Further comments will be appreciated and are MUCH NEEDED BY ME. Thanks guys. I am on my wits end with this damn hearing. It is comming up fast Apr 16th.

Forgot to add - after reading this decision I thought to myself - wow, my problems are small compared to the ones claimed by this guy so if that is any indication then jez I guess I just need to forget it.

Edited April 10, 2007 by Ricky

[Ricky]

I guess this is kinda of stupid but is the definition for loss of use for rating evaluations the same as the one used for loss of use, for SMC purposes. Just wondering since the regulation states specifically "loss of use of a hand or foot, for special monthly compenstion purposes". If there are not two definitions, one for smc and one for disability evaluations why the heck does it not simply state "loss of use of a hand or foot exists when.................. Guess I will never understand this VA stuff.