Citation Nr: 22012895 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 20-15 322 DATE: March 7, 2022 ORDER Entitlement to automobile allowance is granted. FINDING OF FACT Competent medical evidence of record shows that (1) the Veteran sustained burns from an inservice grenade explosion; (2) as a result of those burns, the Veteran has developed scar which have been found to be of full thickness or deep partial thickness; (3) these scars cause contractures and limit motion of one or more extremities; and (4) preclude the Veteran from effectively operating an automobile as he us unable to sit with his body completely facing forward while operating a vehicle, and experiences decreased mobility and increased difficulty with braking and accelerating. CONCLUSION OF LAW The criteria for entitlement to automobile allowance have been met. 38 U.S.C. §§ 3901, 3902, 5107; 38 C.F.R. §§ 3.102, 4.3, 3.808. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from March 1968 to January 1973. The Veteran's service records reflect that he is a Vietnam combat Veteran who was awarded the Combat Action Ribbon, Purple Heart, and Bronze Star with "V" device. This matter is before the Board of Veterans' Appeals (Board) on appeal from the October 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The October 2017 rating decision found the Veteran eligible for adaptive equipment only due to a finding of ankylosis of one or both knees or one or both hips resulting from an injury or disease incurred in or aggravated by military service; and found ineligible for entitlement to an automobile allowance under 38 C.F.R. § 3.808 based on the determination that the evidence of record did not show loss of use. See Rating Decision-Narrative, October 2017; Rating Decision-Codesheet, October 2017. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in October 2021. A transcript of the hearing is associated with the electronic claims file. This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c). Entitlement to automobile allowance is granted. The Veteran asserts that an automobile allowance is warranted. See Hearing Transcript, October 2021. Under 38 C.F.R. § 3.808, a certificate of eligibility for financial assistance in the purchase of one automobile or other conveyance and basic entitlement to necessary adaptive equipment will be provided to a Veteran who has one of the following: (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes: Central vision acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends as angular distance no greater than 20 degrees in the better eye; (4) severe burn injury: Deep partial thickness or full thickness burns resulting in scar formation that cause contractures and limited motion of one or more extremities or the trunk and preclude effective operation or an automobile; (5) amyotrophic lateral sclerosis; or (6) for adaptive equipment eligibility only, ankylosis of one or both knees or one or both hips. In this instance, the Veteran is currently service-connected for prostate cancer status post radial retropubic, a residuals of multiple SFWs right arm, status post bladder injury, residuals of multiple SFWs right leg, DJD right shoulder, residuals of multiple SFWs right chest, residuals of multiple SFWs right shoulder, residuals of multiple SFWs left thigh, residuals of multiple SFWs right thigh, residuals of multiple SFWs right lung, scars right lower extremity, right knee skin grafting, DJD right hip, DJD right elbow, DJD right wrist, DJD right knee, tinnitus, residuals of multiple SFWs right abdomen, donor site skin graft scar-full thickness graft inguinal area, scars right upper extremity, scars abdomen, scars back, and erectile dysfunction. There is no evidence of record to suggest that the Veteran has (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes; or (4) amyotrophic lateral sclerosis. A review of the evidence of record reflects in September 2011 the Veteran's burn scar on the back of his knee was described as full thickness or subdermal and affecting the Veteran's ability to fully flex his right knee. See VA Examination, September 2011. A September 2011 VA knee examination report noted that the Veteran had a right posterior knee skin graft due to burns sustained by blast injury. Examination revealed that he was unable to fully extend knee, with extension ending at 5 degrees. An April 2013 VA knee examination report contains notation that the Veteran's skin graft to posterior aspect of right knee has resulted in pain and limitation of right knee movement. During an April 2013 VA scar examination, the Veteran reported having a pulling painful sensation at the graft site. In a September 2017 VA certificate of illness/injury, the examiner noted that the Veteran had deep partial-thickness and full-thickness burns resulting in scars that cause contractures and limits motion of his right upper and lower extremity See Capri, September 2017. The examiner noted that the Veteran had subsequent loss of range of motion at the elbow resulting in difficulty driving long distances without pain and to sit at an irregular angle. Additionally, it was noted that scarring on the right ankle and right knee from burns and full-thickness skin grafts causes restriction in range of motion to the accelerator and brake. During a February 2021 VA scar examination, the examiner found that all of the Veteran's scars evaluated on his right upper extremity and bilateral lower extremity were painful to palpation, pressure application, friction or stretching with irritation of underlying soft tissue or musculature. The examiner described the scars due to burns located on the right shoulder, right top foot, right lateral calf, and right lateral thigh were full thickness; and a right forearm scar was of deep partial thickness. The examiner found that the Veteran's multiple deep scars along with underlying soft tissue damage impair his ability to effectively use large groups of underlying musculature to maneuver joints and limbs, especially under weight-bearing or in high impact activities. In an April 2021 certificate of illness/injury, a VA examiner found that the Veteran's service connected disability for deep partial thickness and full thickness burns resulting in scar formation, nerve damage, contractures, and limited mobility of his right upper, perineum, and lower extremities disabled him in several ways when driving in his personal vehicle, such as with braking and accelerating. See CAPRI records, August 2021. Resolving any reasonable doubt in favor of the Veteran, the Board finds that the competent medical evidence of record shows that (1) the Veteran sustained burns from an inservice grenade explosion; (2) as a result of those burns, the Veteran has developed scar tissue which have been found to be of full thickness or deep partial thickness; (3) these scars cause contractures and limit motion of one or more extremities; and (4) preclude the Veteran from effectively operating an automobile as he us unable to sit with his body completely facing forward while operating a vehicle, and experiences decreased mobility and increased difficulty with braking and accelerating. As such the Board finds that the criteria for entitlement to automobile allowance has been met. See 38 U.S.C. §§ 3901, 3902; 38 C.F.R. § 3.808. Therefore, the claim for entitlement automobile allowance is granted. M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Camille NeSmith, 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.