Citation Nr: 21067899 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 18-29 231 DATE: November 8, 2021 REMANDED Entitlement to specially adapted housing is remanded. Entitlement to special home adaptation is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1998 to July 2001. This matter is on appeal from a March 2014 rating decision and was previously remanded by the Board in May 2020. As an initial matter, the Board notes that while the Veteran did not specifically file a Notice of Disagreement pursuant to a March 2014 rating decision that initially denied entitlement to specially adapted housing and special home adaptation, she submitted additional medical records pertinent to her overall disability in October 2014. The Board finds that the evidence submitted within one year of the March 2014 rating decision constitutes new and material evidence. Therefore, the Board may adjudicate the appeal on the merits. 38 C.F.R. § 3.156(c). In February 2017, the Veteran specifically asserted that she requires modifications to her bathroom, such as a bathtub so that it is easier for her to bathe. It is her contention that her service-connected disabilities make it difficult for her to shower. See February 2017 VA Form 26-455 Veterans Application in Requiring Specially Adapted Housing. In her VA Form 9, the Veteran indicated that she has limited mobility in her knees back, legs, and left arm. Her private treatment records reported difficulty with mobility due to her lower back pain with radicular symptoms in her legs. Records from Stone County Hospital and Clinic noted decreased motion and strength. She has difficulty with lifting, carrying, bending, squatting, prolonged standing or walking. She complained of moderate to severe muscle spasms and tightness in her low back, which affects her gait. See April 2017 Medical Treatment Record -Non-Government Facility. When the matter came to the Board in May 2020, it remanded the claims for further development. New VA examinations were to be scheduled to evaluate the Veteran's worsening disabilities. The Board also instructed that a new VA examination must be conducted to determine the Veteran's entitlement to specially adapted housing and special home adaptations. Pursuant to the Board's remand, the Veteran was evaluated in July 2020 for her low back disability, bilateral knee pains, and bilateral feet disorder. The Board notes, however, that the Veteran was not provided an examination to determine whether her overall condition warrants entitlement to specially adapted housing and special home adaptation. The claims file noted that the Veteran's service-connected disabilities did not worsen and that there was no evidence to support the grant of specially adapted housing and special home adaptation because the Veteran does not have loss or loss of use of the lower extremities. See August 2020 Deferred Rating (VA Form 21-6789). Nevertheless, the Board finds that there has not been substantial compliance with the May 2020 Board remand. In it, the Board found it necessary to determine whether the Veteran meets the criteria for specially adapted housing and special home adaptation and directed a VA examination. As the Veteran was not afforded a VA examination to specifically address her claim for specially adapted housing and special home adaptation, a remand is warranted. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Obtain a medical opinion to determine the current severity of the Veteran's service-connected disabilities relating to her eligibility for specially adapted housing or special home adaptation grant. If required, please schedule an examination for the Veteran. (Continued on the next page) In issuing his or her opinion, the examiner should determine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's service-connected disabilities, alone, are of such severity as to preclude her from ambulating without the use of an ambulatory device. In responding to this question, the examiner should address whether and how frequently the Veteran must use an ambulatory device (cane, wheelchair, walker, brace, etc.) in order to walk and get around (both within and outside the home). Answers to questions such as the following may prove helpful: What ambulatory aids does the Veteran use for locomotion, and with what frequency? How far, if at all, is the Veteran able to walk independently? Does the Veteran use ambulatory devices inside her home, and if so, what type and how frequently? Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Yeh, 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.