Citation Nr: 21071018
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 18-29 733
DATE: November 29, 2021

ORDER

Entitlement to a special home adaption grant is dismissed.

FINDING OF FACT

In light of the establishment of eligibility for of specially adapted housing, the issue of eligibility for a special home adaptation grant is moot.   

CONCLUSION OF LAW  

Entitlement to a special home adaptation grant may not be granted.  38 U.S.C. §§ 2101(b), 7105; 38 C.F.R. § 3.809a.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1977 to October 1981 and from June 1982 to September 2000.  

Special Home Adaption Grant

In July 2021, the Agency of Original Jurisdiction established eligibility for specially adapted housing under 38 C.F.R. § 3.809. 

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.  A special home adaptation grant is available to veterans, other than those found eligibility for assistance in acquiring specially adapted housing, who meet one of the listed criteria.  38 U.S.C. § 2101(b); 38 C.F.R. § 3.809(a).

As eligibility for specially adapted housing has been established, a special home adaptation grant may not be granted.  38 U.S.C. § 2101(b).  Therefore, the Veteran's appeal is dismissed as a matter of law.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.