Citation Nr: 21021905 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 09-04 492 DATE: April 14, 2021 ORDER Entitlement to specially adapted housing is granted. FINDING OF FACT 1. The Veteran is in receipt of a combined 100 percent disability rating for his service-connected disabilities. 2. The Veteran’s permanent and total service-connected disability results in the effective loss of use of one lower extremity together with residuals of organic disease or injury, which affect balance or propulsion so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. CONCLUSION OF LAW The criteria for eligibility for assistance in acquiring specially adapted housing are met. 38 U.S.C. §§ 2101, 5107; 38 C.F.R. §§ 3.102, 3.809. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1967 to August 1971. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2007 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In June 2015, November 2017, June 2019, and November 2020, the Board remanded the case for additional development and it now returns for appellate review. The Veteran testified at a Board hearing held in January 2015; a transcript of the hearing has been associated with the claims file. The Acting Veterans Law Judge who conducted the hearing is no longer with the Board of Veterans’ Appeals. The Veteran was sent notice in March 2019 offering him the opportunity to testify at another hearing before the Board, but no response was received within 30 days; thus, the Board will proceed as the Veteran wishes to proceed with adjudication without another hearing. Entitlement to specially adapted housing. The Veteran contends that he is entitled to a special home adaptation grant or specially adapted housing due to his service-connected disabilities. In relevant part, the Veteran is currently service connected for several disabilities, to include bilateral hip disability, neuropathy of the right radial nerve, below the knee amputation on the right, a left knee disability, and posttraumatic stress disorder (PTSD). Additionally, the Veteran has been granted entitlement to a total disability rating based on his service-connected disabilities. Specially adapted housing is available to a veteran who has a permanent and total service-connected disability due to: blindness in both eyes, having only light perception, plus the anatomical loss or loss of use of one lower extremity; full thickness or subdermal burns that have resulted in contractures with limitation of motion of two or more extremities or of at least one extremity and the trunk; or the loss or loss of use of both upper extremities such as to preclude use of the arms at or above the elbows. Specially adapted housing is also available to a veteran with a permanent and total disability that precludes locomotion without the aids of braces, crutches, canes, or a wheelchair due to: the loss, or loss of use, of both lower extremities; the loss or loss of use of one lower extremity, together with residuals of organic disease or injury which so affect the functions of balance and propulsion; or, the loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affect the functions of balance or propulsion. VA considers § 3.809(b) satisfied if the Veteran has amyotrophic lateral sclerosis rated as 100 percent disabling under 38 C.F.R. § 4.124a, Diagnostic Code 8017. 38 U.S.C. § 2101 (a); 38 C.F.R. § 3.809 (a), (b), (d). The phrase ‘preclude locomotion’ is defined as the necessity for regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion although occasional locomotion by other methods may be possible. 38 C.F.R. § 3.809 (c). As noted, service-connection for below the knee amputation on the right is in effect. Additionally, service connection for bilateral hip osteoarthritis and hip joint replacement disabilities is in effect. On VA examination of the hips in January 2020, the examiner noted that the Veteran regularly uses a wheelchair and canes. He added that the Veteran uses 2 canes for support and balance due to bilateral hip replacement and chronic pain. The Veteran’s hip disorders prevent him from standing for more than 15 to 20 minutes and walking for more than a ½ of a block. Difficulty climbing stairs was also noted. Functional loss due to the bilateral hip disabilities prevented him from prolonged standing, walking, or climbing stairs. Based on the foregoing, the Board finds that the weight of the evidence indicates that the Veteran’s imbalance constantly affects his ability to ambulate and he requires the use of a wheelchair and/or 2 canes due to symptoms of his service-connected disabilities. The Veteran is in receipt of a combined 100 percent disability rating for his service-connected disabilities, and there is no indication that his ability to ambulate will improve. Therefore, the Board concludes that the Veteran has permanent and total service-connected disability due to the loss or loss of use of one lower extremity, together with residuals of organic disease or injury which so affect the functions of balance and propulsion as to preclude locomotion without the use of a cane and/or wheelchair. As such, the Veteran is eligible for assistance in acquiring specially adapted housing under 38 U.S.C. § 2101; 38 C.F.R. § 3.809. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brennae L. Brooks, 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.