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.

[Carl the Engineer]

On 10/31/2019 at 2:36 PM, shrekthetank1 said:

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.  

What the heck is "Cute fever"?

Hamslice

 

[paulstrgn]

18 hours ago, asknod said:

Remember to research and you'll find everything

As always this is good advice. No matter the disability one must research!

I don't believe that at this time I would qualify for an SMC because of my feet (maybe in the future - which I hope I never do). I am able to use my feet, they are just mostly numb. At times I have difficulty balancing such as when I dress on one foot.

[sixthscents]

Paul,

I have been out of the VA claims scene for a hot minute but here's what I know from my own loss of use claim (bilateral) which I won. The actual functional loss is somewhat important. The ability to plater or dorsi flex, etc. What I reccomend, if you want to continue pursuing this claim (I would) is to ask your Primary care provider to refer you for an EMG of both your left and right feet. This will tell you what nerves are functioning and what level of injury might exist. If you have loss of sensation in both feet this would seem to me to be an injury to L5-S1 or around there. I have seldom seen sensory loss like yours without function loss as well. The thing which makes me say this is the bilateral factor. Since BOTH feet are numb, then you have an injury that is outside of just the one sciatic nerve for that leg. Hence L5-S1... the nerve conduction test will show the extent of the injury and what nerves are functioning and how well they are.

The EMG is important to proving this claim. You do not have to have a complete non-functional foot. I wear AFOs on both legs and feet for example and also like you have no feeling in my feet. 

Why is this claim important to you? Well there is a possibility for additional compensation but also you seem to be entitled to adaptive vehicle equipment and it could entitle you to an adaptive vehicle grant. There is also a possibility to an adaptive housing grant.

 

These are all kind of high-ticket items for the VA an getting entitlement to them is not easy. Yet it can be done if sufficient evidence exists to prove loss of use. SO... it boils down to the same question you had to answer when you received your first rating. Is this correct and do you believe you are or should be entitled to other or more benefits. Only you can answe that but, once you do you simply have to assemble the evidence and apply.

If you decide to pursue this hit me up and we can discuss it further.

Sixthscents - Bob