Citation Nr: 21004008 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 19-05 034 DATE: January 25, 2021 ORDER An automobile or other conveyance allowance is denied. FINDING OF FACT The Veteran previously received an allowance for the purchase of an automobile in 1970, and the purchased automobile was not destroyed as a result of a natural or other disaster. CONCLUSION OF LAW The criteria for entitlement to an automobile allowance have not been met. 38 U.S.C. §§ 3901, 3902, 3903, 5107; 38 C.F.R. §§ 3.808, 3.808a. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Army from November 1968 to November 1969, to include combat service in the Republic of Vietnam, and his decorations include the Purple Heart Medal. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran seeks a grant to buy an automobile with adaptive equipment. He is currently service connected for the loss of both of his legs below the knee. The Veteran lost his left leg and was severely burned by a rocket-propelled grenade during service in the Republic of Vietnam in 1969. There is no question that he has loss of both feet and meets the basic eligibility requirements for financial assistance for an automobile with adaptive equipment. 38C.F.R. §3.808(b)(1). The Veteran’s claim was denied by the Regional Office on the basis that he had already received an adapted automobile grant in 1970. The Veteran does not contest that this occurred but argues that this automobile was received almost 50 years ago and that he now has lost a second leg and requires a new vehicle. Generally, an eligible veteran is entitlement to receive no more than one automobile with adaptive equipment. 38U.S.C. §3903(a)(1). An exception to this rule can be made for a second automobile if VA receives evidence that the first automobile was destroyed as a result of a natural or other disaster through no fault of the veteran and the veteran did not otherwise receive compensation for the loss from a property insurer. 38U.S.C. §3903(a)(2). In May 2020, the Board remanded the case to provide the Veteran an opportunity to submit evidence regarding what happened to the vehicle purchased with the adapted automobile grant issued in 1970. In response to the Board’s request, the Veteran asserted that an adapted automobile grant is warranted as his condition has worsened since the first adapted automobile grant issued in 1970. See Brief (December 2020). Critically, however, the Veteran did not provide any detail as to whether the vehicle purchased with the 1970 grant was destroyed as a result of a natural or other disaster and whether he received compensation for the loss from a property insurer. As the record is absent any indication that the vehicle was destroyed as a result of a natural or other disaster, the Board cannot reach a finding to that effect. Thus, the Board finds that automobile purchased with the automobile allowance issued in 1970 was not destroyed as a result of a natural or other disaster. Although the Board is sympathetic to the Veteran’s claim, since his vehicle has not been destroyed, the Board cannot authorize a second automobile allowance. Because the law specifically provides that a Veteran may not receive more than one automobile allowance without evidence that the vehicle was destroyed, his current application for an automobile allowance must be denied. 38 U.S.C. § 3903. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joshua R. Castillo, 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.