BVA9502616 DOCKET NO. 94-01 477 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to a certificate of eligibility for financial assistance in acquiring specially adapted housing. 2. Entitlement to a certificate of eligibility for financial assistance in acquiring special home adaptations. WITNESSES AT HEARING ON APPEAL The appellant and his spouse ATTORNEY FOR THE BOARD Stephen F. Sylvester, Counsel INTRODUCTION The veteran in this case served on active duty from May 1975 to November 1976. This appeal arises from a December 1992 decision of the Roanoke, Virginia, Regional Office (RO), denying entitlement to certificates of eligibility for financial assistance in acquiring specially adapted housing and special home adaptations. In March 1994, a hearing was held before a member of the Board of Veterans' Appeals (Board) in Washington, D.C. A transcript of that hearing is included in the veteran's claims folder. The case is now before the Board for further appellate review. Finally, the Board notes that the veteran apparently seeks entitlement to certain dental benefits. Inasmuch as this particular issue has not been developed or certified for appellate review, it is not for consideration at this time. It is, however, being referred to the RO for appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran's argument is that the RO committed error in denying entitlement to certificates of eligibility for financial assistance in acquiring either specially adapted housing or special home adaptations, in that his service-connected disability is such that he presently meets the statutory and regulatory requirements for the assignment of such benefits. Specifically, it is asserted that, due to the veteran's service- connected amyotrophic lateral sclerosis, he suffers from a loss of use of his right leg, in addition to other service-connected residuals of organic disease or injury which so affect his functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. It is additionally contended that the veteran currently suffers from a "weakness" of both hands sufficient to justify a grant of eligibility for financial assistance in acquiring special home adaptations. DECISION OF THE BOARD In accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), following review and consideration of all evidence and material of record in the veteran's claims file, and for the following reasons and bases, it is the decision of the Board that a preponderance of the evidence is against the claims for certificates of eligibility for financial assistance in acquiring either specially adapted housing or special home adaptations. FINDING OF FACT The veteran does not currently experience a loss or loss of use of any extremity, nor is he blind in both eyes. CONCLUSIONS OF LAW 1. The statutory and regulatory requirements for a certificate of eligibility for financial assistance in acquiring specially adapted housing have not been met. 38 U.S.C.A. §§ 2101(a), 5107(b) (West 1991); 38 C.F.R. §§ 3.102, 3.809 (1993). 2. The statutory and regulatory requirements for a certificate of eligibility for financial assistance in acquiring special home adaptations have not been met. 38 U.S.C.A. §§ 2101(b), 5107(b) (West 1991); 38 C.F.R. §§ 3.102, 3.809a (1993). REASONS AND BASES FOR FINDING AND CONCLUSIONS At the outset, the Board finds that the veteran's claims are "well-grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, we find that he has presented claims which are plausible. The Board is also satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required in order to comply with the duty to assist him mandated by 38 U.S.C.A. § 5107(a) (West 1991). As regards the issue of entitlement to financial assistance in acquiring specially adapted housing, we note that such benefits are available to a veteran with service after April 20, 1898, who has a permanent and total service-connected 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. 38 U.S.C.A. § 2101(a) (West 1991); 38 C.F.R. § 3.809 (1993). Financial assistance in acquiring special home adaptations is available to a veteran who served after April 20, 1898, if the veteran is entitled to compensation for permanent and total disability which (1) is due to blindness in both eyes with 5/200 or less visual acuity or (2) includes the anatomical loss or loss of use of both hands. In the present case, on VA neurologic examination in October 1992, the veteran was alert and well oriented, with clear speech. The cranial nerves were intact, and his tongue was normal, with no evidence of any fasciculations. Coordination was good, as exhibited by good finger-to-nose contact bilaterally. It was noted that the veteran wore a right knee brace, and that he limped on his right leg. Sensory evaluation was intact to touch and pinprick throughout. There was slightly increased muscle tone in the right lower extremity, with normal muscle tone in both upper extremities and in the left lower extremity. Strength was described as 4/5 in the right triceps, deltoid, wrist, and finger extensors. Strength was 4/5 in the left triceps, but otherwise normal for the entire remaining musculature of the left upper extremity. The iliopsoas, quadriceps, and hamstrings of the left lower extremity displayed strength of 4/5. The veteran's right lower extremity iliopsoas displayed strength of 3/5, with the quadriceps and hamstrings showing 4/5. Foot and toe extension was 5/5 bilaterally. There was modest atrophy and fasciculation noted in the right triceps and deltoids. The clinical impression was of amyotrophic lateral sclerosis. On more recent VA neurologic examination in July 1994, the veteran gave a history of amyotrophic lateral sclerosis since 1975. He stated that he had been receiving multiple medications since 1987, at which time all such medications were discontinued. At the time of examination, the veteran's most significant complaints were of episodic asymmetrical muscle cramps and weakness. He reported that he did not work, and spent the majority of his time at home attending to certain minor functions around the house. The veteran stated that he was able to walk only 100 to 200 feet. On physical examination, there was minimal dysarthria. He was muscular-appearing, and only very minimal right quadriceps atrophy was noted. The veteran was observed to be wearing a double cage right knee brace which, he stated, he required due to some weakness in his right leg. There were obvious fasciculations noted during numerous portions of the examination. Such fasciculations were observable on the left deltoid muscle, and on the right quadriceps muscle. No spasticity was in evidence. Deep tendon reflexes were absent throughout, as were Babinski signs bilaterally. The cranial nerves II through XII were intact, and sensation was normal, as was coordination. The veteran was able to hold a pen, and very clearly write his correct name in a printed fashion. He was, likewise, able to grip with both hands, even though (according to the veteran), his right handgrip was somewhat decreased when compared to the left. The veteran ambulated with an obvious limp, though with no explainable cause, and no obvious peripheral neuropathy. He was able to grip with both hands, and to pinch both hands. Toe and heel walking was performed in a proper manner, given the veteran's antalgic gait. The clinical impression was one of a history of amyotrophic lateral sclerosis. In the opinion of the examiner, the veteran did not exhibit a complete loss of function of either hand or either foot. The veteran in this case is not blind, nor does he experience any particularly significant loss of visual acuity. It has not been otherwise alleged. Accordingly, any grant of benefits must be premised upon a loss or loss of use of one or both upper or lower extremities. As is clear from the above, the veteran has not suffered the anatomical loss of any extremity. Nor has he experienced the loss of use of one or both upper or lower extremities. Accordingly, based upon the entire evidence currently of record, financial assistance in acquiring specially adapted housing or special home adaptations is not warranted in this case. In reaching the above determinations, we have given due consideration to the veteran's testimony, and that of his spouse, given at the time of a hearing before a member of the Board in March 1994. Such testimony, while informative, is not credible when taken in conjunction with the objective clinical data currently on file. Specifically, the veteran's assertions to the effect that he currently suffers from a complete loss of use of his right lower extremity and marked weakness of his hands are belied by the objective evidence to the contrary. Consequently, we are unable to reach a favorable decision in this case. ORDER A certificate of eligibility for financial assistance in acquiring specially adapted housing is denied. A certificate of eligibility for financial assistance in acquiring special home adaptations is denied. J. U. JOHNSON Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. (CONTINUED ON NEXT PAGE) NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.