Citation Nr: 20030104 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 20-07 125 DATE: April 29, 2020 ORDER Special adapted housing is granted. A special home adaptation grant is dismissed. FINDING OF FACT The service-connected back disability and lower extremity radiculopathies result in loss of use of the lower extremities. CONCLUSIONS OF LAW 1. Resolving reasonable doubt in the Veteran’s favor, the criteria for specially adapted housing have been met. 38 U.S.C. §§ 2101, 5103, 5103A, 5107, 7104; 38 C.F.R. §§ 3.102, 3.159, 3.809. 2. The question of whether the criteria for a special home adaptation grant have been met is now moot, warranting dismissal of the appeal as to that issue. 38 U.S.C. §§ 2101, 7105; 38 C.F.R. § 20.104, 3.809a. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran, who is the appellant, had active service from November 1967 to July 1969. This matter is on appeal from a November 2017 rating decision. 1. Specially Adapted Housing Analysis A certificate of eligibility for assistance in acquiring specially adapted housing may be awarded to a veteran who is receiving compensation for permanent and total service-connected disability due to (1) the loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; (2) blindness in both eyes, having only light perception, plus, the anatomical loss or loss of use of one lower extremity; (3) the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; (4) the loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; (5) the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbow; and (6) full thickness or subdermal burns that have resulted in contractures with limitation of motion of two or more extremities or of at least one extremity and the trunk. 38 U.S.C. § 2101(a); 38 C.F.R. § 3.809. After review of the lay and medical evidence of record, the Board finds that the evidence is at least in equipoise as to whether the criteria for specially adapted housing are met. Service connection is in effect for PTSD, rated at 70 percent; lumbosacral strain, rated at 40 percent; ischemic heart disease, rated at 30 percent; left thigh and hip gunshot wound residuals, rated at 20 percent; left calf gunshot wound residuals, rated at 20 percent; and right knee shrapnel residuals, rated at 10 percent; bilateral tinnitus, rated at 10 percent; TBI residuals, rated at 10 percent; right lower extremity radiculopathy, rated at 10 percent; left lower extremity radiculopathy, rated at 10 percent, and right kidney contusion with hematuria, right thigh scar, bilateral hearing loss, and lumbar spine surgical scars, each rated at 0 percent. At the January 2018 VA back examination, the back disability was manifested by limited range of thoracolumbar spine motion and guarding and muscle spasm severe enough to result in an abnormal gait or abnormal spinal contour. The lower extremity radiculopathies were manifested by decreased muscle strength, mild to moderate pain, mild to moderate numbness, and mild to moderate paresthesias and/or dysesthesias. The Veteran reported regular use of a wheelchair and constant use of a cane and walker. His spouse reported that the Veteran was mainly homebound with outings limited to medical appointments, was not able to walk more than a few steps without getting weak, typically used canes and walkers for ambulation, and used a wheelchair for any distance. After considering the examination findings and report of symptoms and functional impairment, the January 2018 VA examiner wrote that the Veteran was limited in almost all activities, including walking, standing, sitting, lifting, pulling, pushing, carrying, bending, twisting, and stooping. The January 2018 VA examiner opined that it was as likely as not that the Veteran needed the aid and attendance of another person to perform routine activities of daily living such as ambulating around the house due to being a fall risk. The January 2018 VA examiner has medical expertise and had sufficient data on which to base the medical opinion, so the January 2018 VA medical opinion is of significant probative value. In consideration of the foregoing, and resolving reasonable doubt in the Veteran’s favor, the Board finds that symptoms and impairment resulting from the service-connected back disability and associated lower extremity radiculopathies closely approximate loss of use of the lower extremities, so the criteria for the award of assistance for specially adapted housing are met. 2. Special Home Adaptation Grant Dismissal (Continued on the next page)   Where entitlement to specially adapted housing is not established, an applicant may nevertheless qualify for a special home adaptation grant. 38 C.F.R. § 3.809a. Because an award for assistance for specially adapted housing has been granted for reasons explained above, the issue of entitlement to specially adapted housing (i.e., a lesser benefit) has become moot, and must be dismissed. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ferguson, 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.