Citation Nr: 21070924 Decision Date: 11/27/21 Archive Date: 11/27/21 DOCKET NO. 15-36 302 DATE: November 27, 2021 ORDER Eligibility for financial assistance for the purchase of an automobile and adaptive equipment is established. FINDING OF FACT The service-connected disabilities result in the loss of use of the feet. CONCLUSION OF LAW The criteria for eligibility for an allowance for an automobile or other conveyance, and adaptive equipment have been met. 38 U.S.C. §§ 3901, 3902, 5107; 38 C.F.R. §§ 3.102, 3.808. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from April 1966 through February 1967. Automobile or Other Conveyance and Adaptive Equipment or Adaptive Equipment Only The Veteran contends that he is entitled to financial assistance to acquire an automobile and adaptive equipment or for adaptive equipment only based on the loss of use of the legs due to the service-connected disabilities. Service connection has been established for fibromyalgia, diabetes mellitus, and a paranoid type schizophrenic reaction. Financial assistance may be provided to an "eligible person" in acquiring an automobile or other vehicle conveyance and adaptive equipment, or adaptive equipment only. 38 U.S.C. § 3902(a)(b). Eligibility for assistance to purchase a vehicle and adaptive equipment is warranted where there is loss or permanent loss of use of one or both feet. 38 U.S.C. § 3901; 38 C.F.R. § 3.808. The term "loss of use of the foot" is not defined under 38 C.F.R. § 3.808. For purposes of special monthly compensation under 38 C.F.R. § 4.63, loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation with prosthetic. The determination is to be made on the basis of the actual remaining function, such as the ability to grasp, manipulate objects, balance, or propel the self forward. 38 C.F.R. § 4.63. For purposes of eligibility for specially adapted housing, "loss of use" exists when there is "deprivation of the ability to avail oneself" of that extremity, and functional impairment caused by pain, weakness, or incoordination should be taken into account when making that determination. Jensen v. Shulkin, 29 Vet. App. 66, 78-79 (2017). The Board finds that a preponderance of the evidence demonstrates that the service-connected disabilities cause permanent loss of use of the feet, and eligibility for a certificate to purchase an automobile and adaptive equipment has been established. The report of a July 2021 Department of Veterans Affairs (VA) examination notes that the examiner observed the Veteran exhibited constant lower extremity instability and pain; was wheelchair bound; and frail. The Veteran's lower leg weakness was related to the service-connected fibromyalgia and found to be a significant contributor to the dependence on a scooter for mobility. Upon consideration of all relevant evidence and resolution of all reasonable doubt in the Veteran's favor, the Board finds that permanent loss of use of both feet associated with the service-connected disabilities has been established. The remaining function does not appear to exceed what he would have after amputation of the feet with the use of a prosthesis. Therefore, the Board concludes that eligibility for a certificate for the purchase of an automobile and adaptive equipment had been established. J. T. HUTCHESON 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.