The Veteran's eligibility for assistance in acquiring specially adapted housing is granted, and the appeal concerning a special home adaptation grant is dismissed as moot.
The deciding factor: The Veteran meets the criteria for eligibility for specially adapted housing due to permanent and total service-connected disability resulting from right below the knee amputation and loss of use of both lower extremities. The appeal seeking a special home adaptation grant is rendered moot because it is available only if the veteran is not entitled to the more substantial benefit of specially adapted housing.
- Claimed conditions
- right below the knee amputation, loss of use of both lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107272
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an effective date of January 21, 2022 for service connection for loss of use of both lower extremities and special monthly compensation based on the need for aid and attendance with a higher level of care.
- Granted
The veteran's effective date for service connection of loss of use of both lower extremities was granted an earlier date of April 6, 2015. The Board found continuous pursuit of the claim since that date.
- Granted
The Veteran's service-connected disabilities, including diabetes mellitus type II, coronary artery disease, peripheral neuropathy of the bilateral upper and lower extremities, and left foot amputation, result in loss of use of both lower extremities. The Board finds eligibility for financial assistance to purchase an automobile and adaptive equipment.
- Remanded (sent back)
The Board is remanding the case to determine if the Veteran timely filed a notice of disagreement (NOD) regarding the effective date assigned for his service connection and SMC awards. The AOJ must also consider whether any relevant rating decision became final due to the submission of new and material evidence.
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