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Regulation · 38 CFR § 3.809a

38 CFR 3.809a: Eligibility for a special home adaptation grant

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

Claim Raven explanation

What this means

A special home adaptation grant is a separate housing-adaptation route for specified permanent total disabilities when the person is not entitled to specially adapted housing under section 3.809 and has not previously received that assistance.

A person who first qualifies under this section can later receive a section 3.809 certificate if eligibility for that program develops. The initial special-home-adaptation award does not itself prove later eligibility for the broader program.

How this helps your claim

Qualifying conditions include loss or loss of use of both hands, listed burn-contracture patterns, and residuals of inhalation injury such as pulmonary fibrosis, asthma, or chronic obstructive pulmonary disease. The veteran must be entitled to chapter 11 compensation, or an active-duty member must meet the line-of-duty requirement.

What to check in your records

Confirm the section 3.809 status and prior-use history, then match the permanent total disability to one of this section’s categories.

  • Keep decisions concerning both specially adapted housing and special home adaptation eligibility.
  • Gather medical findings establishing bilateral hand loss of use, qualifying burn contractures, or inhalation-injury residuals.
  • Document any prior housing-assistance certificate or grant and the date it was used.

Compare the two housing programs

Read the section 3.809 decision before treating this as a fallback. The two programs cover different disability patterns and have rules about prior assistance.

For inhalation injury, document both the injury and its permanent total residual disability. A diagnosis such as asthma alone does not establish that the listed grant criteria are met.

Can someone receive this grant and later qualify for specially adapted housing?

Yes. The rule permits a person who first establishes eligibility here and later becomes eligible under section 3.809 to receive a section 3.809 certificate.

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Official regulatory text

38 CFR § 3.809a

eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.

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

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) or 2101A(a) may be issued to a veteran who served after April 20, 1898, or to a member of the Armed Forces serving on active duty who is eligible for the benefit under this section on or after December 16, 2003, if the following requirements are met:

(a) The member of the Armed Forces serving on active duty or veteran is not entitled to a certificate of eligibility for assistance in acquiring specially adapted housing under § 3.809 nor had the member of the Armed Forces serving on active duty or veteran previously received assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a). A member of the Armed Forces serving on active duty or 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.

(b) A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, air, or space service and meets the requirements described in paragraph (c) of this section. A veteran must be entitled to compensation under chapter 11 of title 38, United States Code, for a disability that meets the requirements described in paragraph (c) of this section.

(c) VA has rated the disability as permanently and totally disabling and it:

(1) Includes the anatomical loss or loss of use of both hands;

(2) Is due to deep partial thickness burns that have resulted in contracture(s) with limitation of motion of two or more extremities or of at least one extremity and the trunk;

(3) Is due to full thickness or subdermal burns that have resulted in contracture(s) with limitation of motion of one or more extremities or the trunk; or

(4) Is due to residuals of an inhalation injury (including, but not limited to, pulmonary fibrosis, asthma, and chronic obstructive pulmonary disease).

(Authority: 38 U.S.C. 1151(c)(1), 2101, 2101A, 2104)

Cross Reference:

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

[46 FR 47543, Sept. 29, 1981, as amended at 53 FR 23237, June 21, 1988; 75 FR 57861, Sept. 23, 2010; 79 FR 54609, Sept. 12, 2014; 86 FR 56216, Oct. 8, 2021; 87 FR 26126, May 3, 2022]

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