Claim Raven explanation
What this means
This section defines disability paths for two VA housing-adaptation programs. The larger specially adapted housing path covers specified permanent service-connected losses, blindness, burn injuries, and functional loss of extremities, while a separate residence-adaptation path covers loss of both hands and severe burn injuries.
Subsection (a) includes several permanent and total disability categories, plus a distinct post-September 11, 2001 path for qualifying lower-extremity loss of use. VA must also find residence in the location medically feasible, the housing properly related to income and expenses, and the unit suitable. Subsection (b) is limited to veterans not eligible under subsection (a) and includes its own residence-ownership requirements.
How this helps your claim
A high disability rating alone does not establish eligibility. The service-connected disability must fit a listed functional category, and the proposed residence must satisfy the program-specific suitability, ownership, or continued-residence findings.
What to check in your records
Match the service-connected disability and functional limitations to subsection (a) or (b), then review the housing findings.
- Collect rating decisions identifying each service-connected disability and permanence finding.
- Preserve medical and mobility evidence describing loss of use, vision, burns, balance, or propulsion.
- Document ownership, intended residence, housing plans, income, and anticipated expenses.
Describe function in the statute's terms
Do not stop at the diagnostic label. Identify whether the disability prevents locomotion or ambulation without specified aids, affects balance or propulsion, limits arm use at or above the elbows, meets the stated vision criteria, or qualifies as a severe burn injury under VA rules.
Keep the disability evidence beside the proposed housing file. Contractor plans and ownership documents do not prove medical eligibility, while medical evidence alone does not establish that the proposed unit and location meet the program's findings.
Does a permanent and total VA rating automatically qualify a veteran for this grant?
No. The permanent service-connected disability must meet one of the listed functional criteria, and the applicable housing conditions must also be satisfied. Different criteria apply to the subsection (a) and subsection (b) programs.
Official statutory text
38 USC § 2101
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 2101. Acquisition and adaptation of housing: eligible veterans
(a) Acquisition of Housing With Special Features.—(1) Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran described in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran’s disability, and necessary land therefor.
(2)(A) A veteran is described in this paragraph if the veteran—
(i) is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the criteria described in subparagraph (B); or
(ii) served in the Armed Forces on or after September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the criterion described in subparagraph (C).
(B) The criteria described in this subparagraph are as follows:
(i) The permanent and total disability is due to 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.
(ii) The permanent disability is due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
(iii) The permanent and total disability is due to the loss or loss of use of one lower extremity together with—
(I) residuals of organic disease or injury; or
(II) the loss or 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.
(iv) The permanent and total disability is due to the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbows.
(v) The permanent and total disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).
(C) The criterion described in this subparagraph is that the disability—
(i) was incurred on or after September 11, 2001; and
(ii) is due to the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.
(3) The regulations prescribed under subsection (d) shall require that assistance under paragraph (1) may be provided to a veteran only if the Secretary finds that—
(A) it is medically feasible for the veteran to reside in the proposed housing unit and in the proposed locality;
(B) the proposed housing unit bears a proper relation to the veteran’s present and anticipated income and expenses; and
(C) the nature and condition of the proposed housing unit are such as to be suitable to the veteran’s needs for dwelling purposes.
(4) In any fiscal year, the Secretary may not approve more than 120 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).
(b) Adaptations to Residence of Veteran.—(1) Subject to paragraph (3), the Secretary shall assist any disabled veteran described in paragraph (2) (other than a veteran who is eligible for assistance under subsection (a))—
(A) in acquiring such adaptations to such veteran’s residence as are determined by the Secretary to be reasonably necessary because of such disability; or
(B) in acquiring a residence already adapted with special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.
(2) A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the following criteria:
(A) A permanent and total disability that includes the anatomical loss or loss of use of both hands.
(B) A permanent and total disability that is due to a severe burn injury (as so determined).
(3) Assistance under paragraph (1) may be provided only to a veteran who the Secretary determines—
(A) is residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family; or
(B) if the veteran’s residence is to be constructed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family.
(c) Regulations.—Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.
Related references
- 38 USC § 2102: Limits and payment rules for VA housing adaptation grants
- 38 USC § 1114: Disability Compensation and SMC in Federal Law
- 38 USC § 3901: Eligibility definitions for VA automobile assistance
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