Smc

[Guest jangrin]

Does any one have a link or downloadable copy of the compensation and pension,

"SMC TRAINING LETTER"?

The VA web site for comp & pension is down again.

Also if a veterans is awarded SMC -k for loss of use-ED

and then is SC'd for loss of use -drop foot- is the vet awarded another SMC-K or does the award change to a different level? If I remember correctly,a vet can have 2 K awards but not 3.

[windy city]

Rich T,

Can you explain what is the difference between the loss of lower extremities and the loss of foot. I read some folks say that they been awarded smc for loss of foot and others loss of extremities. Does a person have to be confined to a wheelchair for the VA to considered loss of use? I am confused with all this wordering by the VA.

Can somebody reply my ?.

[sixthscents]

No, a person does not have to be confined to a wheel chair for a "loss of use" determination.

The VA states in CFR 38, Section 3.350

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.

( 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.

OK... so lets look at this one part at a time.....

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 .. well this is fairly clear... if the foot/hand remains attached but is as non-functional as if there was a prosthetic in place - loss of use is established...

In reguards to feet this can be manifested by foot-drop, paralysis of the anterior tibialis, AND common peroneal, or just anterior tibialis nerves. basically you may be able to dorsi-flex, or plantar flex foot, but it will not sustain your weight. Now, heres the tricky bit, IF YOU ARE ISSUED AND WEAR AN AFO, and have evidence showing foot-drop, loss of ability to dorsi-flex or plantar-flex foot with subsequent PROVEN nerve injury, the VA WILL IN MY OPINION find that loss of use exsists... now I said opinion because in every claim I have handled where there was clear EMG evidence of nerve paralysis... total or partial, but frequent enough to necessitate the use of an AFO... loss of use has been granted...

Hands.. well I would suggest that someone else answer that because I have never filed for loss of use for a hand... but again Section 3.350 lays it out, as well as loss of use of creative organ....