Citation Nr: 21062117 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 19-18 821A DATE: October 6, 2021 ORDER Entitlement to financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only is denied. FINDING OF FACT The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. CONCLUSION OF LAW The criteria for establishing eligibility for financial assistance for an automobile or other conveyance and adaptive equipment or adaptive equipment only have not been met. 38 U.S.C. §§ 3901, 3902, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.350, 3.808. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from February 1968 to January 1998. Financial assistance may be provided to an "eligible person" in acquiring an automobile or other conveyance and adaptive equipment, or automotive adaptive equipment only. 38 U.S.C. § 3902(a)(b). Eligibility for assistance to purchase a vehicle and adaptive equipment is warranted where one of the following exists as the result of injury or disease incurred or aggravated during active service: (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes, meaning central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; (4) severe burn injury precluding effective operation of an automobile; (5) amyotrophic lateral sclerosis; or, (5) for adaptive equipment only, ankylosis of one or both knees or one or both hips. 38 U.S.C. § 3901; 38 C.F.R. § 3.808. Service connection is in effect for benign prostatic hypertrophy with residual voiding dysfunction, rated 40 percent disabling; nephritis, rated 30 percent disabling; a left shoulder disability, rated 30 percent disabling; a right shoulder disability, rated 30 percent disabling; peptic ulcer disease, rated 20 percent disabling; tinnitus, rated 10 percent disabling; and hearing loss, erectile dysfunction, and osseous deformity of the 5th metacarpal bone of the right hand, each rated zero percent disabling. The Veteran's combined disability rating is 90 percent. At the onset, the Veteran acknowledges that he does not meet the criteria for or seek financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only. See Statement (September 4, 2018). Instead, he seeks "a driver for hire allowance in the form of special monthly compensation" to help pay for transportation. Id. He explains that as symptoms of his service-connected disabilities have made it dangerous for him to drive, he has had to hire personal drivers. At this time, he seeks VA compensation to assist in paying for hire drivers. As to the claim of entitlement to financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only, the Veteran does not contend, and the evidence does not suggest that service-connected disabilities result in (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes, meaning central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; (4) severe burn injury precluding effective operation of an automobile; (5) amyotrophic lateral sclerosis; or (5) ankylosis of one or both knees or one or both hips. Indeed, the most recent VA shoulder examination shows that while the Veteran's shoulder disabilities result in limitation of motion, weakness, and other symptoms that impact his ability perform activities requiring weight bearing, lifting, pushing, pulling, or maintaining any shoulder position against gravity. Additionally, an October 2018 VA aid and attendance examination report shows that the Veteran's shoulder disabilities also impair dexterity, grasping, and working above the shoulders. However, the lay and medical evidence of record shows that the Veteran's shoulder, hand, and other disabilities do not result in loss of use of one or both hands or feet or establish any of the other criteria for an automobile allowance. 38 U.S.C. § 3901; 38 C.F.R. § 3.808. Accordingly, entitlement to financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only is not warranted. As to the Veteran's core claim of entitlement to special compensation for a personal driver, the Board finds that is no legal basis for such benefit. Indeed, compensation for such expenses that arise from the Veteran's service-connected disabilities are included in his current 90 percent combined disability rating. Moreover, while the Board is sympathetic to the Veteran's arguments, it is limited by the current legal framework, and there is currently no regulatory basis to award special monthly compensation for a personal driver. No equities, no matter how compelling, can create a right to payment out of the United States Treasury that has not been provided for by Congress. Thus, the Veteran's claim must be denied. 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.