Citation Nr: 21028602 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 18-43 072 DATE: May 11, 2021 REMANDED Entitlement to special home adaptation is remanded. Entitlement to specially adapted housing is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2003 to September 2003, and November 2004 to August 2006. This case is before the Board on appeal from a February 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2018, the Veteran had an informal hearing and the conference report is associated with the record. In August 2018, the Veteran requested a Board hearing. In March 2020, the Board received a written withdrawal of the Board hearing request from the Veteran's representative. See 38 C.F.R. § 20.704 (e). As such, the hearing request is deemed withdrawn. The Board notes that in February 2021, the Veteran was sent a letter indicating that a virtual tele-hearing had been scheduled; however, this was canceled by the Veteran. 1. Entitlement to special home adaptation. 2. Entitlement to specially adapted housing. The Veteran contends that he is entitled to a special home adaptation grant or specially adapted housing due to her service-connected disability. In this regard, the Veteran is service connected for lumbar spondylosis and status post lumbar surgery with residual scar and intervertebral disc syndrome, obstructive airway disease, chronic right hip strain, chronic left knee strain, and chronic right knee strain. Additionally, the Veteran has been granted entitlement to a total disability rating based on her service-connected disabilities. In a June 2020 statement from the Veteran's representative, it was noted that a January 2010 VA examination assessed Veteran's service-connected disabilities and concluded that her physical disabilities would preclude all types of gainful employment. The Veteran's representative also noted that the Veteran submitted a statement in support of her claim, which partially detailed the impairments of her legs and back. In this regard, the Veteran stated that her spine condition caused numbness in her right leg, which was getting so much worse that she was losing functioning ability of it. She further reported that she was losing control of her leg and falling, and everyday functions such as cleaning, changing clothes, and grocery shopping were getting difficult. With regard to her asthma, she reported that it contributed to her difficulty with locomotion and other activities of daily living. In this regard, she required constant assistance from her husband to move around the house, get dressed, get out of bed, and leave the house. The Board notes that the Veteran has not been provided with a VA examination in connection with this claim. Although the Board recognizes the Veteran's statements related to her disabilities, her statements are insufficient to provide a basis for a determination that functional impairment from her service-connected disabilities, alone, meet the necessary criteria for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant. On remand, a VA examination should be provided, and a medical opinion should be obtained. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the current severity of her service-connected disabilities as they relate to her eligibility for specially adapted housing or special home adaptation grant. The Veteran's claims file should be made available to the examiner, and to the extent possible, any essential tests and studies should be accomplished. The examiner should opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's service-connected disabilities cause: (A) loss of use of both lower extremities so as to make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be briefly possible; (B) 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 as to make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be possible; or, (C) loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to make necessary the regular and constant use of a wheelchair, brace(s), crutches, or cane(s) as a normal mode of locomotion, although occasional locomotion by other methods may be possible. A rationale for all conclusions reached should be provided. 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.