CCK argues Board erred in denying adapted housing benefits
CCK recently argued a case before a panel of three judges at the Court of Appeals for Veterans Claims in Washington D.C. regarding specially adapted housing benefits:
The issue in this case is whether the Veteran is eligible for specially adapted housing benefits. CCK argued that the Veteran meets the criteria for adapted housing because he is precluded from locomotion without the use of a cane. The Board denied benefits for adapted housing because it found that although the Veteran was precluded from locomotion under the statute, he did not have “loss of use” of both lower extremities. CCK argued that in making this finding, the Board used the wrong standard of “loss of use.” The Board applied a standard found in an entirely different regulation – Special Monthly Compensation (SMC).
SMC is a type of disability compensation. In contrast, specially adapted housing benefits enable disabled veterans to live comfortably in their homes and move about safely. Congress specifically articulated the definition for loss of use in the adapted housing statute as “preclusion of locomotion” without certain assistive devices. Because these are two distinct statutory benefits with different purposes, it does not make sense to use the same definition for loss of use.
Because the Veteran meets all the requirements for eligibility for adapted housing, CCK requested that the Court reverse the Board’s decision to the contrary, and remand with instructions for the Board to grant eligibility.
- Board erred in relying on an inadequate medical opinion to deny service connection for sarcoidosis
- Board Erred in Denying SMC Based on Need for Aid and Attendance
- Board Misapplied the Law Regarding Presumption of Soundness When Denying Veteran’s CUE Claim
- Board erred when it denied service connection for sleep apnea and increased rating for gastroparesis
- Board erred when it relied on Veteran’s employment to deny extraschedular rating for service-connected ankle disability
- Can I Lose My VA Benefits If I Don’t Attend My C&P Exam?
- What Benefits and Services Are Available for Veterans with PTSD?
- Can You Receive VA Disability Benefits for Life?
- What is the Board of Veterans’ Appeals (BVA)?
- What Do You Do If Your Benefits Have Been Wrongly Denied?
- VA Disability Benefits for Depression
- Survivors Benefits: VA Benefits for Deceased Veterans’ Dependents
- Additional Benefits For 100% Disabled Veterans – Video
- Veterans Benefits Amid COVID-19
- The Board of Veterans’ Appeals Explained
- Episode 9: Court Rules VA Must Pay Retroactive Benefits to Blue Water Navy Veterans
- Episode 22: VA Benefits for Spouses of Disabled Veterans
- Episode 31: VA Disability Benefits & Diabetes
- Episode 42: Benefits All Disabled Veterans Qualify For
- Episode 5: Board of Veterans’ Appeals Issues 100k Decisions in FY20
Share this Post