Citation Nr: 21066855
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 16-43 348
DATE: November 2, 2021

ORDER

Entitlement to eligibility for a special home adaptation grant is dismissed.

FINDINGS OF FACT

1. In a May 2021 rating decision, the Regional Office (RO) awarded the Veteran's claim for entitlement to specially adapted housing.

2. The issue of eligibility for a special home adaptation grant is moot, due to the award of eligibility for assistance in acquiring specially adapted housing in the May 2021 rating decision.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from January 1970 to September 1971.

The matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision of a Department of Veterans Affairs (VA) RO.  In November 2019, the Board remanded the issues of entitlement to specially adapted housing or special home adaptation. 

Thereafter, a May 2021 rating decision granted eligibility for specially adapted housing.  The decision represents a full grant of benefits on appeal and that issue is no longer before the Board.  The issue of entitlement to special home adaptation is discussed below.

The Veteran testified before a now-retired Veterans Law Judge (VLJ) at June 2019 Board hearing.  While the Veteran was not sent a letter advising him of the option of attending a new hearing due to that VLJ no longer being available, as there is no more claim or controversary, as discussed below, there is no claim for which to offer a new hearing; therefore, the Board may proceed. 

Where entitlement to a certificate of eligibility for specially adapted housing is not established, an applicant may nevertheless qualify for a special home adaptation grant.  See 38 U.S.C. § 2101(b); 38 C.F.R. § 3.809a(b). 

However, in this case, the Veteran was granted a certificate of eligibility for specially adapted housing in a May 2021 rating decision, which is a greater benefit. Therefore, any claim for a special home adaptation grant under 38 U.S.C. § 2101(b) is rendered moot, as this benefit is available only if a veteran is not entitled to the more substantial benefit of specially adapted housing under 38 U.S.C. § 2101(a).  Thus, the appeal seeking a certificate of eligibility for a special home adaptation grant is dismissed as moot.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G.Hoy, 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.