The veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant was denied because the evidence did not show that he had loss or loss of use of at least one lower extremity, which is required to establish entitlement.
The deciding factor: The medical evidence showed that the veteran used a wheelchair and walker due to his psychiatric medications and a temporary vegetative state, but this does not constitute loss of use of a lower extremity as defined by VA regulations.
- Claimed conditions
- major depressive disorder with cognitive dysfunction, coronary artery disease status post myocardial infarction, degenerative disc disease of the cervical spine, left clavicle fracture, anterior cruciate ligament deficiency of the right knee, left rib fracture, tinnitus, sinusitis status post septoplasty and left turbinectomy, left pneumothorax, excision of cancer lesion from left border of tongue, post-operative right axillary lymph node, post-operative thyroidectomy for adenoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2008
- Citation
- 0810792
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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