Loss of Use for the Foot

[paulstrgn]

To be eligible for SMC K for loss of use for my foot, does it need to be completely unusable? I got an increase in my flat feet from 10% to 30% today, I believe the reason is (have not received the BBE yet) is because both feet are numb from my ankles to my toes.  Not I can still walk but do have challenges when putting on pants because I can't feel my feet unless it is a hard touch (they have done pin test on my feet and I have no idea where they are sticking it). It's also challenging when I dry off with a towel and need to balance myself on one foot. I am just not sure if that qualifies as loss of use. 

Honestly my biggest concern is they will become so numb I wouldn't be able to drive since I won't know how hard or soft  to push the gas or breaks.

[vetquest]

I am there with you Paul.  I do not have feeling in my feet and my civilian doctor told me he would prescribe me hand controls if it gets to where I cannot drive.  I do not want to go through that but if necessary I will do it.  I still do not believe we can get SMC K for this but it is an interesting thought.  They can only deny you once. 

[paulstrgn]

3 minutes ago, vetquest said:

I still do not believe we can get SMC K for this but it is an interesting thought.  They can only deny you once. 

I am of the same thought that we would not be eligible for SMC K. I guess I am not sure what percentage of loss is considered loss of use? I agree with you about only being denied once. I should have asked the doctor when he did my C&P what percentage of loss of use did he feel I had (if any). 

I hope I don't need to get the hand controls but we do have to do what is necessary. But if it ever got to that point then I do believe we would qualify for loss of use.

[ShrekTheTank]

I know I had a friend from Iraq who got Cute fever and loss the use of his arm and big toe.  I believe they got him an adaptive vehicle so he could still drive.  I believe they covered it all.  

[paulstrgn]

55 minutes ago, shrekthetank1 said:

friend from Iraq who got Cute fever and loss the use of his arm and big toe. 

Did he also get an SMC K? I am not sure if you can get rated for your arm or big toe and also get SMC K.

[ShrekTheTank]

I am not sure as they added his toe to his arm.  

[FormerMember]

This one is simple. Remember to research and you'll find everything. §3.350(a)(2)(i)(a),(b) 

(2) Foot and hand.

(i) Loss of use of a hand or 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 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, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:

(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.

(b) 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.

VA is adamant that you have a doctor state in no uncertain terms that "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." Even then, VA will fight you on this. I've had doctors state it in haec verba and still have to appeal to the BVA to win them. VA doesn't like granting the higher levels of SMC- especially LOU of both lower or upper extremities.

It's easier with Parkinson's. Just get your neurologist to state you have an immense fall danger and that endangers your perambulation. You can also rely on Tucker v. West; Jensen v. Shulkin; §3.809(b); §4.10 and a few others. Remember, the injury has to be separate and distinct from any other disease or injury to try to get to SMC o/R1/R2.