Citation Nr: A21017109 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 210903-183305 DATE: October 21, 2021 ORDER Entitlement to financial assistance in purchasing an automobile or other conveyance is granted. FINDING OF FACT The Veteran's service-connected spine and incomplete paraplegia of the bilateral lower extremities result in actual loss of use of the lower extremities. CONCLUSION OF LAW The criteria for establishing eligibility for financial assistance for an automobile or other conveyance are 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 June 1962 to May 1963. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2021 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). In the September 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the February 2020 decision on appeal. 38 C.F.R. § 20.301. 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. The Veteran's service-connected disabilities include incomplete paraplegia of the left and right lower extremities, each rated 40 percent disabling, and degenerative disc disease of the lumbar spine, rated 20 percent disabling. The Veteran has been in receipt of a combined 100 percent schedular rating since August 1, 2016. Initially, the Veteran does not contend, and the evidence does not suggest that service-connected disabilities result in loss of use of an upper extremity, permanent visual impairment, severe burns, or ankylosis of the knees or hips. Moreover, in light of the nature of the Veteran's disabilities of the spine and resultant neurological impairment of the bilateral lower extremities, his claim turns on whether he experiences actual loss of use of one of both feet. 38 U.S.C. § 3901; 38 C.F.R. § 3.808. Loss of use of a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the knee with use of a suitable prosthetic appliance. Determinations regarding loss of use will be made on the basis of the actual remaining function, such as whether acts of balance and propulsion could be accomplished equally well by an amputation stump with prothesis. 38 C.F.R. §§ 3.350 (a)(2). Under these unique circumstances, the evidence shows that the Veteran's service-connected disabilities results in loss or loss of use of the bilateral lower extremities for purposes of establishing entitlement to financial assistance in purchasing an automobile or other conveyance. In reaching this determination, the Board acknowledges that the February 2021 VA spine and neurological examination reports show that the Veteran is non-ambulatory due to his service-connected disabilities. While the examiner noted that the Veteran's disabilities do not diminish functional impairment to the degree that he would be equally well-served by amputation, the examiner noted that bilateral knee and ankle strength testing revealed palpable or visible muscle contraction, but no joint movement. The Veteran's inability to move his lower extremity joints is the most persuasive evidence pertaining to whether acts of balance and propulsion could be accomplished equally well by an amputation stump with prothesis. 38 C.F.R. §§ 3.350 (a)(2). Indeed, the Veteran was unable to perform any spinal range of motion testing and physical examination of the lower extremities revealed atrophy, which the examiner explained was due to disuse. The above-discussed examination reports clearly show that independent balance and propulsion are not possible. After resolving any doubt in the Veteran's favor, the Board finds that the Board finds that the Veteran's service-connected disabilities result in actual loss of use of the bilateral lower extremities for purposes of acquiring an automobile or other conveyance. Accordingly, entitlement to financial assistance in purchasing an automobile or other conveyance is granted. 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.