Let me fill you in on what the VA considers
"loss."

I put in for a grant for Specially Adapted Housing. I have a spinal disablity with the loss of use of both legs that precludes locomotion without an assistive device; my assistive device is a cane. By defintion, I fall under SAH grant 2101 A:
http://www.benefits.va.gov/homeloans..._edits_doc.pdf

I went to the VA regional office; checked in, time stamped my paper work for evidence (a must!) and put my SAH grant on file, before I seen my VSO officer. Then gave him a copy.

He called later that night, and said, "That he wasn't going to submit my evidence, which included: a disabled veteran plate request form.

My wheel-chair bound VSO assumed it wasn't evidence by implying I had dropped the paper-work off at the wrong building. He finished by saying he was holding my grant until information came back saying rated 100% "loss of both legs."

Having read the "functional loss" rule after he called last night, I called early this mourning, I told him that "the DV paperwork was signed by a medical doctor identifying that my condition was so severe it required the use of a walking cane. I told him, "this is evidence for a grant."

I then told him, "the VA considers "loss" as "functional loss" under the 38 CFR PART 4.40. I asked him "where does the 38 CFR say anything about percentage? I also told him what the SAH grant 2101 A says about "mobility and organic disease."

He never came back with that CFR, percentage, or defintion of loss. What he did say was the grant was open to "Veterans."

GOD willing, I plan on asking my VSO to write me a letter, documenting what other medical doctors have said, "unable to maintain gainful employment, and the severity of my condition is service connected." He wants to wait to my review comes back 100%. I told him that's fine (I already submitted the paperwork that mourning) I'm not in the market for house right now.

If you have a rated disablity, this may apply to you. I'm also unable to maintain gainful employment under Vocational Rehabilitation standards, requiring Independent Living services.

You see the current maximum grant amount allowable at the time
of this publication is $63,780.


§ 4.40 Functional loss.

Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance.

It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, "or" all, of the necessary bones, joints and muscles, "or" associated structures, "or" to deformity, adhesions, defective innervation, "or" other pathology, "or" it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion.

Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.


Peace be upon you


Specially Adapted Housing Program
http://www.benefits.va.gov/homeloans..._edits_doc.pdf

VA Schedual of Ratings for Disabilities 38 CFR Book C
VA Schedual of Ratings for Disabilities 38 CFR Book C in C&P - Compensation & Pension Exams and Appeals. Forum