Loss of use

[30percentermovingup]

Hello, it's been a while since I posted and I looked for an answer everywhere and I could not find one.

I am 50% disabled for bilateral pest planus.

The question is when I received my bilateral AFOs. They knew they made my condition better. The question I have is on loss of use bilateral feet. In 2014 when I was issued the AFOs should I not have gotten loss of use. The way I understand it is if an orthotic is the same or makes it better it's considered loss of use. In that case. If I file can I file for back pay for loss of use.

I am not a writer, nor am I a speaker. I hope that you may understand this. 

Thank you so much for not closing down. By the way. This site has helped me greatly in the past.

 

 

[jamescripps2]

You must be refering to 38 CFR 3.350 (2) ((I). Loss of use of a hand or foot. I suggest that you re read that passage and take note that, first of all there is a big difference in foot drop, and an amputation. Also there is a big difference in  wearing an afo and a requiring a prosthedic appliance.

Pes Planus is a relatively common foot deformaty., whereas foot drop is loss of the common peroneal nerve. In itself, foot drop and wearing afos is not considered loss of use of feet. 

It is only at the point that you can show by medical opinion that you have foot drop and permanent loss of the peroneal nerve, so severe, that you would be equqlly well be served by amputation and the fitting of an prosthedic app[iance(artificial leg). Then, and only then would loss of use of a foot be considered and conceeded. Loss of use of two feet is a 100% award and will get you SMC "L".

 

[rentalguy1]

I have a single 100% rating for loss of use of both feet. James is correct in that you have to have a medical opinion stating that your bilateral foot drop at least as likely as not approximates the complete loss of use of both feet and that no active movement remains below the knees. It does not have to be from the peroneal nerve, though. It can be from anything that would cause a foot drop. Mine is personally from the sciatic nerve (which the peroneal is a branch of) being severed due to service connected lumbar spinal stenosis from three broken vertebrae that happened while on active duty. In my research into my claim I saw several BVA cases where this was awarded for type II diabetes. Good luck.

[Jim Radogna]

Loss of use of a foot is held to exist when its function would be no better than if the foot were amputated below the knee and replaced by a suitable prosthesis.

Normal functions of the foot include balance and propulsion (push off his or her foot). Lack of balance and propulsion prevents ambulation. If a veteran can’t balance on his foot or push off from the foot in walking, he/she may be entitled to the benefit.

Other factors that establish loss of use of a foot include:

Extremely unfavorable* complete ankylosis of the knee

Complete ankylosis of two major joints of an extremity

Shortening of the lower extremity 3 1/2 inches or more

Complete paralysis of the external popliteal (common peroneal) nerve and consequent foot drop, accompanied by characteristic organic changes.

*Favorable ankylosis means the joint is frozen in a straight position; unfavorable ankylosis means the joint is frozen in a bent position.

 

 

 

 

[broncovet]

Something a bit weird is going on.  Your question appparently is from 2022, but no answers until 2024.  I generally at a minimum answer way, way, way before that.  

However,  my advice, if you feel like you deserve "loss of use" , the go ahead and apply.  If awarded, you should get an effective date "the facts found" regardless of when you apply, because this involves SMC.  SMC is inferred and the effective date is not limited by the date of claim, but rather only by the date the doc said you had "loss of use".  

[rentalguy1]

I didn't even realize it was from 2022. It showed up in my unread list and I responded since I have experience with the particular issue. My bad.

[Lemuel]

9 hours ago, Jim Radogna said:

Loss of use of a foot is held to exist when its function would be no better than if the foot were amputated below the knee and replaced by a suitable prosthesis.

Normal functions of the foot include balance and propulsion (push off his or her foot). Lack of balance and propulsion prevents ambulation. If a veteran can’t balance on his foot or push off from the foot in walking, he/she may be entitled to the benefit.

Other factors that establish loss of use of a foot include:

Extremely unfavorable* complete ankylosis of the knee

Complete ankylosis of two major joints of an extremity

Shortening of the lower extremity 3 1/2 inches or more

Complete paralysis of the external popliteal (common peroneal) nerve and consequent foot drop, accompanied by characteristic organic changes.

*Favorable ankylosis means the joint is frozen in a straight position; unfavorable ankylosis means the joint is frozen in a bent position.

 

 

 

 

Favorable and unfavorable depends upon the joint.  Favorable for the elbow would be bent in the position of being in a sling because you could still comb your hair and wipe your but as explained to me when my thumb was casted in a favorable position, not a flat position.  Funny, the recent splints I received put the thumb in a flat position making you unable to grasp things between your thumb tip and finger tips the way I was able to for years.