Citation Nr: 20042001 Decision Date: 06/19/20 Archive Date: 06/19/20 DOCKET NO. 15-46 787 DATE: June 19, 2020 REMANDED Entitlement to specially adapted housing or special home adaptation grant is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1970 to April 1972. This case comes to the Board of Veterans’ Appeals (Board) from a November 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2018, the Veteran testified before the undersigned Veterans Law Judge at the RO. A transcript of the hearing is of record. In a March 2019 decision, the Board denied entitlement to specially adapted housing or special home adaptation grant. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In January 2020, the Court granted a Joint Motion for Remand (JMR) that vacated the March 2019 Board decision as to such issue and the matter now returns for further appellate review. Entitlement to specially adapted housing or special home adaptation grant. The Veteran contends that he is entitled to a special home adaptation grant or specially adapted housing due to his service-connected disabilities. In this regard, the Veteran is currently service connected for schizophrenic reaction, obstructive sleep apnea, arteriosclerotic heart disease, diabetes mellitus, Type II, and bilateral lower extremity peripheral neuropathy. The Veteran is currently in receipt of a 90 percent disability rating. He is also in receipt of a Total Disability Individual Unemployability rating. 38 C.F.R. § 4.16. The Board further notes that the Veteran was granted entitlement to Dependents’ Education Assistance as the evidence shows that he currently has a total service-connected disability that is permanent in nature. 38 U.S.C. § 3500. The Board acknowledges the Veteran’s contentions that he uses a walker and wheelchair to help him get around the house, and his house needs extensive alterations to his house. The medical evidence shows that the Veteran has pain and weakness in his lower extremities which is related to his peripheral neuropathy. He frequently had complaints of tingling, numbness, pain, or weakness in his legs, and has been diagnosed with diabetic peripheral neuropathy. The Board notes that the Veteran has not been provided with a VA examination in connection with this appeal. To ensure compliance with VA’s duty to assist, a VA examination and medical opinion should be obtained. 38 C.F.R. § 3.326.  The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected disabilities as they relate to his eligibility for specially adapted housing or special home adaptation grant. The Veteran’s claims file should be made available to the examiner, and any essential tests and studies should be accomplished.  The examiner should opine as to whether it is at least as likely as not that the Veteran’s service-connected disabilities cause:  (A) loss of use of both lower extremities so as to make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be briefly possible;  (B) 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 make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be possible; or,  (C) 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 make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be possible. K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brennae L. Brooks, Associate 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.