[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.63]



[Page 379-380]

 

            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

 

                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

 

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

 

                      Subpart B_Disability Ratings

 

Sec. 4.63  Loss of use of hand or foot.



    Loss of use of a hand or a foot, for the purpose of special monthly 

compensation, 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 of the hand or foot, whether the acts of 

grasping, manipulation, etc., in the case of the hand, or of balance and 

propulsion, etc., in the case of the foot, could be accomplished equally 

well by an amputation stump with prosthesis.

    (a) Extremely unfavorable complete ankylosis of the knee, or 

complete ankylosis of 2 major joints of an extremity, or shortening of 

the lower extremity of 3\1/2\ inches (8.9 cms.) or more, will be taken 

as loss of use of the hand or foot involved.

    (b) Complete paralysis of the external popliteal nerve (common 

peroneal) and consequent, footdrop, accompanied



[[Page 380]]



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.



[29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]