The Veteran's claim for specially adapted housing or a special home adaptation grant is remanded due to the need for an opinion on whether he meets the criteria under 38 C.F.R. § 3.809(b)(4) of having loss of use of one lower extremity, together with injury which precludes locomotion.
The deciding factor: The Veteran needs a medical opinion regarding his eligibility for specially adapted housing or a special home adaptation grant due to the need for an assessment of whether he meets the criteria under 38 C.F.R. § 3.809(b)(4) of having loss of use of one lower extremity, together with injury which precludes locomotion.
- Claimed conditions
- Posterior horn tear of the left knee medial meniscus, Osgood-Schlatter's disease, Arthritis, Bilateral foot plantar calluses
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101538
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19101538.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Denied
The Veteran's right knee strain with arthritis is currently rated at 10 percent, the maximum allowable rating under Diagnostic Code 5010 prior to February 7, 2021. The Veteran's GERD with hiatal hernia and irritable bowel syndrome is not rated higher than 30 percent.
- Granted
The Veteran's right hip disability is granted a 10% rating from January 22, 2018 to April 7, 2022. The Veteran's painful limitation of motion and hip replacement with residuals are denied ratings in excess of 10%. The Veteran's scarring on his hands is granted separate 10% ratings since August 18, 2022.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.