Citation Nr: A19002023 Decision Date: 10/17/19 Archive Date: 10/17/19 DOCKET NO. 190415-7992 DATE: October 17, 2019 ORDER Special monthly compensation (SMC) based on loss of use of one foot is denied. FINDING OF FACT The Veteran’s service-connected disabilities do not result in functional impairment of the left foot such that no effective function remains other than that which would be equally well served by amputation with prosthesis. CONCLUSION OF LAW The criteria for SMC based on loss of use of the right foot have not been met. 38 U.S.C. § 1114(k); 38 C.F.R. §§ 3.350(a)(2), 4.63. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the U.S. Army from December 1967 to July 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2019 rating decision. That same month, the Veteran appealed that decision to the Board through the direct review lane, and therefore he declined the opportunity to submit additional evidence or appear at a Board hearing. SMC based on loss of use of one foot Special monthly compensation may be awarded if the Veteran, as a result of service-connected disabilities, has suffered the anatomical loss or loss of use of one foot. 38 U.S.C. § 1114(k). “Loss of use of a foot” is defined as no effective function remaining other than that which would be equally well served by an amputation stump at the site of election below the knee with use of a suitable prosthetic appliance. The determination will be made based on whether the actual remaining function, such as the acts of balance, propulsion, etc., could be accomplished equally well by an amputation stump with prosthesis. Complete paralysis of the external popliteal (common peroneal) nerve and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances, will constitute loss of use of the foot involved. 38 C.F.R. §§ 3.350(a)(2)(i). The Veteran is presently service-connected for left lower extremity radiculopathy rated at 20 percent under Diagnostic Code (DC) 8520, which addresses the sciatic nerve. He is also service-connected left lower extremity radiculopathy of the femoral nerve and rated at 20 percent under DC 8526. First, the Veteran’s service-connected disabilities do not include complete paralysis of the external popliteal (common peroneal) nerve, which is rated under DC 8521. Second, the evidence does not otherwise establish that the Veteran’s left foot is manifested by functional impairment so severe that no effective function remains other than that which would be equally well served by amputation with prosthesis. In that regard, VA treatment records dated from January 2018 through March 2019 noted on multiple occasions that the Veteran had no gait abnormality. In February 2019, he was prescribed a brace for unrelated left ankle pain and joint pain in the foot. A February 2019 VA examination documented strength of 4/5 in the left foot with no atrophy present. Reflexes were 2+ (normal), and sensation in the lower leg and foot was intact. Some impairment, including mild numbness and paresthesias, was noted during the examination. However, a level of impairment consistent with loss of use of the foot was not demonstrated. In sum, the evidence of record does not establish that the Veteran’s service-connected left lower extremity radiculopathy results in loss of use of the left foot as defined by VA regulations. Therefore, an award of special monthly compensation is not warranted. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Shamil Patel, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.