---
kind: "section"
citation: "38 C.F.R. § 3.809a"
title: "38"
number: "3.809a"
heading: "Special home adaptation grants under 38 U.S.C. 2101(b)."
url: "https://uscodex.org/cfr/38/3.809a"
---

# §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)](/usc/38/2101.md?p=b) or [2101A(a)](/usc/38/2101A.md?p=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](/cfr/38/3.809.md) 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)](/usc/38/2101.md?p=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](/cfr/38/3.809.md) may be issued a certificate of eligibility under [§ 3.809](/cfr/38/3.809.md).
- (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)](#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)](#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).

## Notes

### Amendments

[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]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[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]