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]

Lemeul, that should be considered loss of use of a hand.

[Tbird]

Not sure what is going on with the 2022 post showing up in the unread and no responses from 2022 to 2024, I’ll do some research.

[Lemuel]

11 hours ago, jamescripps2 said:

Lemeul, that should be considered loss of use of a hand.

If you call Samuel, "Sam" you can call me Lem.

It is getting close, but I can still type with it the way it is and have since 1969.  But if I am forced to wear those carpal tunnel splints instead of the old "spica splints" (spica meaning to minimize loss of use) then I will have to give up the use of my thumb for typing.

[jamescripps2]

Ok Sam / Lem, if you can't touch your forfinger to your thumb, then you have lost the grip in that hand and thus, according to the VA regs at 38 CFR 3.350 you have loss of use of a hand.. No matter that you can type in a modified manner. I am rated for loss of use of two hands, but I manage to use my keyboard in a two finger fashon.

And no, you are not required to use splints, or anything else, for that matter.

[broncovet]

Good point Jamescripps.  I did not know that.  Great advice.  I heard that you were the first to get sc for AO in Conus, is that right?  That is quite an accomplishment.  

[Lemuel]

Exactly, James.  The point I was trying to make. 

The current splints cause you to lose the ability to touch the tip of your thumb to the tip of any finger.  My initial cast enabled me to touch the tip of my thumb to the tip of all of my fingers.  A C&P examiner broke the ankylosis of the thumb wrist joint and then I got this "flat wrist splint" from the VA.  Had to order from Amazon and then did not get one like I used in the 1980 when that happened to me because of a drop attack.  There is no perfect spica splint for that injury any more.  What is going on with medical equipment?

Lem