Foot drop issue and peripheral neuropathy claim

[Signcavah]

When I was granted my prostate cancer claim there was a recommendation to refile for peripheral neuropathy.  I refiled a 526 ez as specified. I listed all of my denials for my foot ankle and leg issues.  ( I broke both feet in service, 10% for metatarsalgia) I have PN from the hip down in both legs and feet as well as my right arm.  I am in AFO`s on both legs. 

I forgot to apply for foot drop, right leg.  My question is should I file for this as well?  Or will this be considered as well ?  The VA diagnosed and has been treating the foot drop , I`m currently in PT for 10 weeks. 

[jamescripps2]

Yes, file on the foot drop. I would seek a medical opinion from a podiatrist, or your primary care. Permanent loss of the common perenial nerve causes foot drop. The AFOs are prescribed for the foot drop condition. At the very least ask your PCP or Podiatrist to enter into your medical record that you have permanent loss of your common perenial nerves.

The following is an exerpt from 38 CFR 3.350. Google it, copy it, highlight the underlined portion at (b) and send it in with your loss of use of feet claim. 

(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.

Loss of use of two feet is an SMC "L" award in itself. There will also be a vehicle grant and a path to the $110,000.00  SAH grant.

Go over to the SMC R-1 and R-2 forum thread here at hadit. Read and comprehend what is being discussed there. Learn from it. Pay extra special attention to the pyramiding rules, and then file for A&A due soley to the prostate cancer issues.

Proceed cautiously with that A&A claim as there are pitfalls along the way that can cost you a lot of money. If you work it right and do not violate the pyramiding rules you could very well end up with a R-1 rating.

The 2023 R-1 pay rate for the veteran alone is $9,036.89 per month. Pay for R-1 for veteran with spouse is $9,238.83.

You got questions, just ask!

[Signcavah]

Well that was quick, I got a letter telling me that I used the wrong form and must resubmit on the right form  My decision letter for prostate cancer   told me to submit  for PN on the 526 EZ which I did. I swear the inmates are running the asylum.

[broncovet]

Classic.  You fill out a 526 EZ, and its rejected because its on the wrong form.  So, you are told to fill out a 526EZ form.  

This is just like the "blonde" policewoman and "blonde" driver in a traffic stop:

Police:  "may I see your drivers license and registration, please"

Driver:  "What's a driver's license".  

Police (sympathetically):  Look for something in your purse with your picture on it.  

(Driver finds a mirror and hands it to police:

Police:  After looking at the mirror, the police responds, "You should have told me you were a police officer, you may go".