The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing and special home adaption grant eligibility as they do not result in a permanent and total disability that requires adaptive housing.
The deciding factor: The Veteran’s service-connected disabilities, while significant, do not meet the regulatory requirement of being rated as permanent and total due to one of the combinations of functional impairments enumerated under §3.809(b) or (d).
- Claimed conditions
- {"condition_name":"Degenerative disc disease of the lumbosacral spine","rating":40,"upper_extremities":[{"condition_name":"Left upper extremity carpal tunnel and cubital tunnel","rating":30},{"condition_name":"Right lower extremity radiculopathy","rating":10}],"lower_extremities":[{"condition_name":"Left lower extremity radiculopathy of the sciatic nerve","rating":20},{"condition_name":"Right lower extremity radiculopathy","rating":10}],"additional_notes":["Residual surgical scars of the lower back, left elbow, and right and left abdominal hernia each rated at 10 percent; a left great toe fracture rated at 10 percent."]}, {"condition_name":"Left ankle osteoarthritis","rating":10}, {"condition_name":"Right ankle osteoarthritis","rating":10}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 23, 2020
- Citation
- 20080919
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
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