Citation Nr: 22016887
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 18-37 103
DATE: March 23, 2022

ORDER

Entitlement to eligibility for a special home adaptation grant is dismissed.

FINDINGS OF FACT

1. In a November 2021 rating decision, the Regional Office (RO) awarded the Veteran's claim for entitlement to specially adapted housing.

2. The issue of eligibility for a special home adaptation grant is moot, due to the award of eligibility for assistance in acquiring specially adapted housing in the November 2021 rating decision.

CONCLUSION OF LAW

The claim for entitlement to a special home adaptation grant is dismissed as moot. 38 U.S.C. §§ 2101 (b), 7105; 38C.F.R. §3.809A.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active-duty service from July 1967 to April 1969, and he was awarded the Purple Heart and Combat Infantryman Badge.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in December 2015 by a Department of Veterans Affairs (VA) Regional Office (RO).  

By way of history, the Board previously remanded this particular appeal in August 2021 for additional development. The claim has since returned to the Board for further adjudication.  Thereafter, a November 2021 rating decision granted eligibility for specially adapted housing.  The decision represents a full grant of benefits on appeal and that issue is no longer before the Board.  

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.  See 38 U.S.C. § 2101(b); 38 C.F.R. § 3.809a(b). 

In this case, the Veteran was granted a certificate of eligibility for specially adapted housing in a November 2021 rating decision, which is a greater benefit. Therefore, any claim for a special home adaptation grant under 38 U.S.C. § 2101(b) is rendered moot, as this benefit is available only if a veteran is not entitled to the more substantial benefit of specially adapted housing under 38 U.S.C. § 2101(a).  Thus, the appeal seeking a certificate of eligibility for a special home adaptation grant is dismissed as moot.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G.Hoy, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.