Chronic Pain

[30percentermovingup]

Hello, my question is does VA have a specific disability for pain? I just finished a VA disability for ankles, knees and hips. I got it but there was no mention of pain or a disability rating for it. I know people who get disability for pain but apparently that is not a clear and easy way to apply for it from what I am seeing on search.

Can anyone guide me on this?

Thank you.

[30percentermovingup]

3 hours ago, john999 said:

30%

 

            Do you have complete loss of use hands and feet?  That is what is takes for SMC.  Ask James here about that.  I have 40% rating on feet and hands but no extra money for that.  You keep going and don't let anyone discourage you.  Things fall into place in time.  We don't want to lose the use of our hands and feet but if we do we have a right to compensation.

Quite a few attorneys disagree with that such as this one https://www.hillandponton.com/top-3-questions-on-benefits-for-loss-of-use-of-hands/#:~:text=Do you notice yourself dropping,inability to use one's hands.
The VA defines Loss of Use of Hands for the purpose of special monthly compensation when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the elbow with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand and whether the acts of grasping or manipulation of an object are possible.

Edited January 31, 2023 by 30percentermovingup

[john999]

VA is not giving anything away. Your loss of use is basic the same as an amputation.  That is steep.  Does VA provide you with a scooter?

[30percentermovingup]

22 minutes ago, john999 said:

VA is not giving anything away. Your loss of use is basic the same as an amputation.  That is steep.  Does VA provide you with a scooter?

They have given me braces for feet and ankles, knees, back, carpal tunnel a cane a walker and a scooter. In fact it's been five years and they are sending my second one as I type. The first one is trash.

Edited January 31, 2023 by 30percentermovingup

[jamescripps2]

I don't care what Hill and Pontoon or anyone else says. The VA is going to put you under a magnifying glass when you apply for loss of use. They are not going to give you loss of use because you need to slide a coin to the edge of a table in order to pick it up, or the fact that you can't hold on to your favorite pot and pan.

If you do your home work, get your ducks in a row and lawyer up, you are still years away from winning a loss of use claim. You will at the least go to the BVA and probably the CAVC and back.

Not trying to discourage, but if you do intend to file for loss of use of hands and/or feet you need to get serious about it. For the most part, what H&P wrote is intended to attract customers but can't be supported by law.

[jamescripps2]

Also, I am not insinuating that you need a lawyer. You sound like you are savy enough that you can do it yourself, if you can show that you qualify. If you can really comprehend every word of 38 CFR 3.350 you begin to realize that loss of use of feet is going to be easier to show than the loss of use of hands.

 

[30percentermovingup]

No I won't get one. I can't on all my new conditions, something about they don't take the case till you lose. Then it really gets dragged out though because they want all the back pay they can get. They connected my feet to my hips. I just have to connect the rest and then go for loss of use.