Specially Adapted Housing

[dannydad]

this section seems to indicate that loss of use, indicates that the veteran can not ambulate or walk even a few steps. The section later goes on to interpret the term "preclude locomotion". however local rating officals seem to prefer section 4.63 as the correct interpretation------whats your opinion ???????? I am not sure how to handle this,help

[Dorothy Kansas]

I hope this helps you

[EFFECTIVE DATE NOTE: 66 FR 44527, 44528, Aug. 24, 2001, amended paragraph (d), effective Aug. 24, 2001.]

§ 3.809 Specially adapted housing under 38 U.S.C. 2101(a).

Discussion and Analysis in the Veterans Benefits Manual

Text

A certificate of eligibility for assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a) may be extended to a veteran if the following requirements are met:

(a) Service. Active military, naval or air service after April 20, 1898, is required. Benefits are not restricted to veterans with wartime service.

(B) Disability. The disability must have been incurred or aggravated as the result of service as indicated in paragraph (a) of this section and the veteran must be entitled to compensation for permanent and total disability due to:

(1) The loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or

(2) Blindness in both eyes, having only light perception, plus the anatomical loss or loss of use of one lower extremity, or

(3) The loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(4) The loss or loss of use of one lower extremity together with the loss of loss of use of one upper extremity which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

© Duplication of benefits. The assistance referred to in this section will not be available to any veteran more than once.

(d) "Preclude locomotion." This term means the necessity for regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion although occasional locomotion by other methods may be possible.

Source

[26 FR 1606, Feb. 24, 1961, as amended at 34 FR 9560, June 18, 1969; 43 FR 14018, Apr. 4, 1978; 46 FR 47543, Sept. 29, 1981]

Notes

(38 U.S.C. 2101, 2104)

CROSS REFERENCE: Assistance to certain disabled veterans in acquiring specially adapted housing. See §§ 36.4400 through 36.4410 of this chapter.

§ 3.809a Special home adaptation grants under 38 U.S.C. 2101(B).

Text

A certificate of eligibility for assistance in acquiring necessary special home adaptations, or, on or after October 28, 1986, for assistance in acquiring a residence already adapted with necessary special features, under 38 U.S.C. 2101(B) may be issued to a veteran who served after April 20, 1898, if the following requirements are met:

(Authority: 38 U.S.C. 2101(B))

(a) The veteran is not entitled to a certificate of eligibility for assistance in acquiring specially adapted housing under § 3.809 nor had the veteran previously received assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a). A veteran who first establishes entitlement under this section and who later becomes eligible for a certificate of eligibility under § 3.809 may be issued a certificate of eligibility under § 3.809. However, no particular type of adaptation, improvement, or structural alteration may be provided to a veteran more than once.

(B) The veteran is entitled to compensation for permanent and total disability which (1) is due to blindness in both eyes with 5/200 visual acuity or less, or (2) includes the anatomical loss or loss of use of both hands.

(Authority: 38 U.S.C. 2101(B))

© The assistance referred to in this section will not be available to any veteran more than once.

Source

[46 FR 47543, Sept. 29, 1981, as amended at 53 FR 23237, June 21, 1988]

Notes

(

Edited May 10, 2009 by Pete53

[Ricky]

this section seems to indicate that loss of use, indicates that the veteran can not ambulate or walk even a few steps. The section later goes on to interpret the term "preclude locomotion". however local rating officals seem to prefer section 4.63 as the correct interpretation------whats your opinion ???????? I am not sure how to handle this,help

Not sure what you are asking but looks like you are only reading part of the CFR. Your "ambulate or walk even a few steps equals do you require crutches or braces to walk or are in the need of a wheel chair. to preclude locomotion equals to preclude locomotion (walk) without the use of crutches, cane, brace or wheel. So it really means the same thing.

Bottom line is they truly look at the remaining function of the limb and the need for assistance to walk witn cane, crutch, brace or wheel chair is the same as amputation.

[dannydad]

clown man I have read all the CFR's that apply and the m21-1mr,partIX,subparti,chapter 2. still I am concerned. I have a case from last year,citation nr;0826587 dated 08/07/08, the vet walked with a cane,and used a powered wheelchair the board said she is entitled to a specality housing grant. Thats good but I'm not convinced.....