Question About Loss Of Use As It Apply To Special Adapted Housing

[Dorothy Kansas]

DO you receive a rating for loss of use both lower extremities or feet for smc (l) or do they just award the housing and not give the smc for loss of use. The regulation says if you are granted sah you qualify for the smc. Someone please give me some feedback on this.

[Pete53]

Bump.

Sorry I don't know the answer

I know that a Member here does though

[Berta]

Dorothy-they award both separately-to get the SAH grant you would have to be eligible for SMC and vice versa.

The VA web site has info on how this program works-

a good friend of mine has AO cancer but 100% due to 1151 award.

Although he has no loss of use of limbs ,his colon was removed and he got the grant for bathroom adaptions that he needed.

Another friend of mine, Navy Seal, lost his leg in Vietnam. They adapted some inner parts of his house although he has no prothesis problems and also installed an inground swimming pool for him for therapy for his legs to prevent circulation problems in the partial leg he has left.

It is a case by case basis as to what the SAH grant will cover. We have some SAH vets here-hope they chime in on this one.

[Berta]

Gee the VA web site didnt have much at all :

Specially Adapted Housing/Special Home AdaptionsA veteran may be entitled to a Specially Adapted Housing or Special Home Adaptions based on a service-connected disability.

Eligibility criteria, see 38 CFR §§3.809 Specially Adapted Housing, 3.809a (Special Home Adaptions).

See also the Loan Guaranty Service's website.

[Dorothy Kansas]

Gee the VA web site didnt have much at all :

Specially Adapted Housing/Special Home AdaptionsA veteran may be entitled to a Specially Adapted Housing or Special Home Adaptions based on a service-connected disability.

Eligibility criteria, see 38 CFR §§3.809 Specially Adapted Housing, 3.809a (Special Home Adaptions).

See also the Loan Guaranty Service's website.

Berta-- thanks you and Pete for responding to my question. Read this and tell me if I will get the smc award also since they have granted special adapted housing.

M21-1, Part VI April 19, 2002

Change 86 Erratum

a. General. If entitlement to SMC under 38 U.S.C. 1114 exists on account of the loss, or loss of use, of both lower extremities, the veteran also meets the requirements for specially adapted housing under 38 U.S.C. 2101. Conversely, entitlement to specially adapted housing because of loss or loss of use of both lower extremities also meets the requirements for corresponding SMC entitlement.

b. Application of 38 CFR 3.809(B)(3). Do not grant SMC for loss of use of an apparently normal lower extremity because of a veteran's inability to walk, if such inability is due to loss of use of the other lower extremity, not improvable by prosthesis, and loss of use of the paired upper extremity, which precludes locomotion without prosthetic assistance. In order to be entitled to SMC under 38 U.S.C. 1114 on account of loss of use of both lower extremities, there must be a loss of use of each lower extremity as defined in 38 CFR 3.350(a)(2). However, such a case would meet the criteria of 38 U.S.C. 2101 and 38 CFR 3.809(:o(3) for assistance in acquiring specially adapted housing.

8.11 LOSS OF BOTH LOWER EXTREMITIES AND SPECIALLY ADAPTED HOUSING UNDER

38 U.S.C. 2101

8-II-7

M21-1, Part VI April 19, 2002

Change 86 Erratum

a. General. If entitlement to SMC under 38 U.S.C. 1114 exists on account of the loss, or loss of use, of both lower extremities, the veteran also meets the requirements for specially adapted housing under 38 U.S.C. 2101. Conversely, entitlement to specially adapted housing because of loss or loss of use of both lower extremities also meets the requirements for corresponding SMC entitlement.

b. Application of 38 CFR 3.809((3). Do not grant SMC for loss of use of an apparently normal lower extremity because of a veteran's inability to walk, if such inability is due to loss of use of the other lower extremity, not improvable by prosthesis, and loss of use of the paired upper extremity, which precludes locomotion without prosthetic assistance. In order to be entitled to SMC under 38 U.S.C. 1114 on account of loss of use of both lower extremities, there must be a loss of use of each lower extremity as defined in 38 CFR 3.350(a)(2). However, such a case would meet the criteria of 38 U.S.C. 2101 and 38 CFR 3.809(:((3) for assistance in acquiring specially adapted housing.

I do have loss of use of both lower extremities so I should get the corresponding smc which in my case should be the (L) rating

[Ricky]

Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.

If you have loss of use for both legs and or feet then you will be awarded "L" and SAH. You have to have the SMC in order to get the SAH so they kinda go hand in hand.

[Teac]

Dorothy ,

You must first be rated for loss of use before you can be granted Specitally adapted housing. You do not have to have loss of use of both legs. In my case I was loss of use for one foot,(k Award) and had a back problem rated 60% at the time I was awarded SAH. The va will not just award SHA, you must submit a claim.