The Veteran's service-connected disabilities do not result in a loss or loss of use other than an upper extremity, and he is not service-connected for a severe burn injury or amyotrophic lateral sclerosis. The Board finds that the Veteran does not meet the criteria for eligibility for specially adapted housing or special home adaptation.
The deciding factor: The preponderance of the evidence does not show loss of use of an upper or lower extremity in accordance with regulatory criteria under 38 C.F.R. § 3.809 or 3.809a, and therefore he is not eligible for specially adapted housing or home adaptation.
- Claimed conditions
- Acne, Tension and posttraumatic headaches, Adjustment disorder with anxious distress, Left shoulder acromioclavicular osteoarthritis, Right shoulder strain (dominant), Cervical spine degenerative joint disease, Lumbosacral and thoracic multilevel degenerative disc disease with stenosis, Left hand neuralgia lower radicular group, Right elbow olecranon spurring and arthritis (dominant), Left elbow olecranon spurring and arthritis (10 percent), Right wrist sprain (dominant), Right knee patellofemoral pain syndrome with knee spurring, Left knee joint pain due to left leg stress fracture, Bilateral flat foot, Left leg stress fracture affecting ankle motion, with shin splints and Achilles osteophyte, Right leg stress fracture affecting ankle motion, with shin splints and Achilles osteophyte, heel spur, Tinnitus, Gastroesophageal reflux disease (GERD), Tinea pedis and unguium, Right lower extremity radiculopathy, Left lower extremity radiculopathy, Right foot hammer toes, Left foot hammer toes, Bilateral dry eye syndrome, Left ear hearing loss, Chronic allergic rhinitis, Erectile dysfunction, Left bicep and shoulder surgical scars, Traumatic brain injury (TBI), postconcussional syndrome with residual dizziness/vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- A20015228
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.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
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