Citation Nr: 21062008
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-15 595
DATE: October 6, 2021

ORDER

Entitlement to a special home adaptation grant is dismissed as a matter of law.

FINDING OF FACT

The Veteran has been awarded specially adapted housing by the Agency of Original Jurisdiction (AOJ).

CONCLUSION OF LAW

The claim for entitlement to a special home adaptation grant is dismissed as a matter of law. 38 U.S.C. §§ 2101(b), 7105; 38 C.F.R. §§ 3.809, 3.809A.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from June 1969 to December 1970, including service in the Republic of Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Combat Action Ribbon and the Vietnam Service and Campaign Medals.  

This appeal came before the Board of Veterans' Appeals (Board) from a September 2016 rating decision. In November 2019, the Veteran testified before the undersigned Veterans Law Judge.

Thereafter, in February 2020, the Board remanded the issues of entitlement to specially adapted housing, entitlement to a special home adaptation grant, and entitlement to financial assistance for a purchase of a vehicle and adaptive equipment or adaptive equipment only to the AOJ. 

In a July 2020 rating decision, the AOJ granted entitlement to specially adapted housing and entitlement to automobile or other conveyance and adaptive equipment. 

However, a July 2020 Supplemental Statement of the Case continued the denial of entitlement to a special home adaptation grant; accordingly, the matter was returned to the Board.

No additional benefits can be granted on this claim as a matter of law. The pertinent provision of the regulation at 38 C.F.R. § 3.809A(a) provides that a special home adaptation grant is only available if the Veteran is deemed not entitled to the more substantial benefit of a certificate of eligibility for assistance in acquiring specially adapted housing under 38 C.F.R. § 3.809. 

(Continued on next page) 

In light of the award of specially adapted housing by the AOJ, the Veteran is legally ineligible to a separate special home adaptation grant. As such, the separate claim for a special home adaptation grant is barred as a matter of law, and the claim is therefore dismissed. See 38 U.S.C. § 7105.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. C. KING

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.