Citation Nr: 23046121 Decision Date: 08/18/23 Archive Date: 08/18/23 DOCKET NO. 19-15 963A DATE: August 18, 2023 ORDER Entitlement to a certificate of eligibility for specially adapted housing is granted. Entitlement to a certificate of eligibility for a special home adaptation grant is denied. FINDINGS OF FACT 1. The Veteran's overall disability results in the loss or loss of use of his lower extremities, which affects the functions of balance and propulsion as to preclude locomotion without the aid of a walker, cane, or wheelchair. 2. An award of eligibility for specially adapted housing precludes a separate special home adaptation grant. CONCLUSIONS OF LAW 1. The criteria for eligibility for specially adapted housing have been met. 38 U.S.C. §§ 2101, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.809, 3.809A. 2. The criteria for eligibility for a special home adaptation grant have not been met. 38 U.S.C. § 2101, 5107; 38 C.F.R. § 3.809a. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from October 1966 to December 1971. These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision issued by a Department of Veterans Affairs (VA) regional office (RO). In June 2023, the Veteran testified via video conference before the undersigned Veterans Law Judge. A copy of the hearing transcript has been associated with the claims file. See June 2023 Board Hearing Transcript. 1. Entitlement to a certificate of eligibility for specially adapted housing. The Veteran contends that the severity of his service-connected disabilities warrants a certificate of eligibility for specially adapted housing. Financial assistance in acquiring specially adapted housing is available to a veteran who has a permanent and total service-connected disability due to: (1) amyotrophic lateral sclerosis (ALS) rated as 100 percent under 38 C.F.R. § 4.123a, diagnostic code (DC) 8017; (2) blindness in both eyes; (3) 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 (4) 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 due to: (a) the loss or loss of use of both lower extremities; (b) 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; or (c) 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 as to preclude locomotion. 38 U.S.C. § 2101(a); 38 C.F.R. § 3.809. The phrase "preclude locomotion" is defined as the necessity for regular and constant use of a wheelchair, braces, crutches, or cane as a normal mode of locomotion, although occasional locomotion by other methods may be possible. 38 C.F.R. § 3.809(c). The Veteran's service-connected disabilities include residuals of left knee condition status post left knee replacement (left knee replacement), rated at 60 percent; residuals of right knee injury status post right knee replacement (right knee replacement), rated at 60 percent; right lower extremity peripheral neuropathy, sciatic nerve (RLE sciatic neuropathy), rated at 40 percent; left lower extremity peripheral neuropathy, sciatic nerve (LLE sciatic neuropathy), rated at 40 percent; right lower extremity peripheral neuropathy, femoral nerve (RLE femoral neuropathy), rated at 30 percent; left lower extremity peripheral neuropathy, femoral nerve (LLE femoral neuropathy), rated at 30 percent. The combined rating for these service-connected disabilities is 100 percent under the combined ratings table at 38 C.F.R. § 4.25. The record indicates that, due to his bilateral knee replacements, the Veteran requires the constant use of braces, and regular use of a cane, for ambulation. See May 2021 VA Knee and Lower Leg Disability Benefits Questionnaire (DBQ). The record also indicates that, due to his lower extremity conditions, he requires the use of a walker. See September 2021 VA Form 21-2680; February 2022 VA Diabetic Sensory-Motor Peripheral Neuropathy DBQ. Considering the foregoing, the evidence of record persuasively supports the finding that the Veteran's service-connected conditions manifest with the effective loss of use of both lower extremities such as to preclude locomotion without the regular and constant use of an assistive device. Therefore, with resolution of all reasonable doubt in the Veteran's favor, a certificate of eligibility for specially adapted housing is granted. See 38 U.S.C. § 2101(a); 38 C.F.R. § 3.809. 2. Entitlement to a certificate of eligibility for a special home adaptation grant. The Veteran contends that the severity of his service-connected disabilities warrants a certificate of eligibility for a special home adaptation grant. Where entitlement to specially adapted housing is not established, an applicant may nevertheless qualify for a special home adaptation grant. This benefit requires that the evidence show permanent and total service-connected disability that either results in blindness in both eyes with 5/200 visual acuity or less; or, involves the anatomical loss or loss of use of both hands. 38 U.S.C. § 2101 (b); 38 C.F.R. § 3.809a. Here, however, the Board's grant of specially adapted housing, legally precludes a separate award of a special home adaptation grant under 38 U.S.C. § 2101(b). As such, the claim of entitlement to a certificate of eligibility for a special home adaptation grant must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426 (1994). L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. T. Martin III, 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.