The Veteran's service-connected disabilities, including herniated nucleus pulposus with degenerative disc disease at L5-S1 status post laminectomy, post-traumatic stress disorder, residuals of gunshot wound of the anterior neck with paralysis of the left vocal cord, tracheotomy scars, and impaired respiration, sciatica of right lower extremity, and sciatica of left lower extremity, have caused him to lose use of both lower extremities such as to preclude locomotion without the aid of a cane, braces or wheelchair.
The deciding factor: The evidence demonstrates that the Veteran's service-connected disabilities effectively cause loss of use of both lower extremities, which meets the criteria for entitlement to assistance in acquiring specially adapted housing under 38 C.F.R. § 3.809.
- Claimed conditions
- herniated nucleus pulposus with degenerative disc disease at L5-S1 status post laminectomy, post-traumatic stress disorder, residuals of gunshot wound of the anterior neck with paralysis of the left vocal cord, tracheotomy scars, and impaired respiration, sciatica of right lower extremity, sciatica of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905470
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
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- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted service connection for emphysema and sciatica of the right lower extremity, denied a compensable rating for a right shoulder surgical scar, denied an increased rating for PTSD, granted TDIU from May 23, 2024, and remanded a claim for a higher rating for right shoulder strain.
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