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Updated Jan 22, 2025

In This Section

  
This section contains the following topics:
 
 
 

1.  Eligibility for SAH or SHA Grants

 

Introduction

  
This topic contains information about eligibility for SAH or SHA grants, including

Change Date

  
January 22, 2025

XIII.i.2.B.1.a.  General Information on SAH and SHA Grants

  
The Department of Veterans Affairs (VA) administers two types of grants to assist seriously disabled Veterans and service members in adapting housing to their special needs:
  • specially adapted housing (SAH), and
  • special home adaptation (SHA).
Refer to the table below for a general summary of the two benefits’ entitlement implications.
 
If basic eligibility is established for …
Then an eligible claimant may receive a grant …
SAH
of not more than 50 percent of the cost of a specially adapted house, up to the total maximum allowable by law.
SHA
for the actual cost to adapt a house or for the appraised market value of necessary adapted features already in a house when it was purchased, up to the total maximum allowable by law.
Note:  Under 38 U.S.C. 2101A, 38 CFR 3.809, and 3.809a, grants may be made to active duty members of the Armed Forces who meet the criteria for benefits based on disabilities incurred or aggravated in the line of duty (LOD).

XIII.i.2.B.1.b.  Eligibility for SAH Grants

  
The table below provides the eligibility criteria for assistance in acquiring SAH.
 
Eligibility Criterion
Authority
Notes
  • Compensation under 38 U.S.C. Chapter 11 includes compensation for service-connected (SC) disabilities and disabilities compensated as if SC under 38 U.S.C. 1151.
  • A Veteran’s entitlement to a total rating based on individual unemployability, pursuant to 38 CFR 4.16, satisfies the requirement for a total SC disability for SAH eligibility purposes.
Veteran or active duty service member who
  • served on or after September 11, 2001, and
  • is entitled to compensation under 38 U.S.C. Chapter 11 for a permanent (but not necessarily total) disability
    • incurred on or after September 11, 2001, and
    • involving loss or loss of use (L/LOU) of one or more lower extremities which so affects balance or propulsion as to preclude ambulation without the aid of braces, crutches, canes, or wheelchair.
  • Public Law (PL) 112-154 added this entitlement criteria on a temporary basis effective October 1, 2012.
  • PL 115-251 created permanent authority for this entitlement criteria effective September 29, 2018.
 
References:  For more information on

XIII.i.2.B.1.c.  Qualifying Disabilities for SAH Purposes

  
The table below provides the qualifying disabilities as noted in 38 CFR 3.809 and 38 U.S.C. 2101 for the purpose of establishing eligibility to SAH.
 
Qualifying Disability
Notes
Permanent (but not necessarily total) disability 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.
  • Blindness criteria for eligibility to SAH were amended in 38 CFR 3.809 effective November 8, 2021, to implement changes made by PL 116-154.  This amendment is applicable to all claims pending before VA on, or received after, August 8, 2020, the date PL 116-154 was signed into law.  Prior to that date, such criteria entitled beneficiaries to SHA alone.
  • For SAH purposes, a visual field that subtends an angle no greater than 20 degrees is considered the equivalent of 20/200 visual acuity or less.  This is synonymous with average contraction of the visual field to no more than 20 degrees.
A permanent and total (P&T) disability due to L/LOU of
  • both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair
  • one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair
  • one lower extremity together with L/LOU 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, or
  • both upper extremities precluding use of the arms at or above the elbow.
  • The use of a prosthesis qualifies for entitlement to SAH, as a prosthetic device is the equivalent of the use of braces under the regulation.
  • In Jensen v. Shulkin, 29 Vet.App. 66 (2017), the Court of Appeals for Veterans Claims held that the standard for conceding L/LOU of an extremity for the purposes of establishing eligibility to SAH benefits is not directly equivalent to the L/LOU criteria discussed in 38 CFR 3.350(a)(2)(i), the relevance of which is limited to establishing entitlement to special monthly compensation.
Amyotrophic lateral sclerosis (ALS) rated 100-percent disabling.
  • Although 38 CFR 3.809 provides that ALS is a qualifying condition for SAH when evaluated 100-percent disabling under 38 CFR 4.124a, diagnostic code (DC) 8017, whenever there is a diagnosis of ALS, there is a qualifying condition for SAH purposes.  This includes the assignment of a permanent 100-percent evaluation under DC 8017 or a hyphenated DC (8017-XXXX) for the predominant complication of ALS.
  • The regulatory change to 38 CFR 3.809 allowing for qualification based on ALS is applicable to all claims for SAH pending before VA on, or received after, December 3, 2013.
A P&T disability due to full thickness or subdermal burns that have resulted in contractures with limitation of motion (LOM) of
  • two or more extremities, or
  • at least one extremity and the trunk.
Burn injury criteria were added to 38 CFR 3.809 effective October 25, 2010, based on provisions made by PL 110-289.
 
References:  For more information on

XIII.i.2.B.1.d.  Eligibility for SHA Grants

  
Eligibility for assistance in acquiring SHA exists when a
  • Veteran is entitled to compensation under 38 U.S.C. Chapter 11 for a qualifying condition, as defined below, or
  • service member on active duty has a qualifying condition, as defined below, incurred or aggravated in the LOD.
Qualifying conditions are P&T disability from
  • L/LOU of both hands
  • deep partial thickness burns that have resulted in contracture(s) with LOM of
    • two or more extremities, or
    • at least one extremity and the trunk
  • full thickness or subdermal burns that have resulted in contracture(s) with LOM of
    • one or more extremities, or
    • the trunk, or
  • residuals of an inhalation injury, including, but not limited to
    • pulmonary fibrosis
    • asthma, or
    • chronic obstructive pulmonary disease (COPD).
Notes:
  • Eligibility only exists for SHA if the claimant is not entitled to, and has not previously received, SAH.
  • Compensation under 38 U.S.C. Chapter 11 includes compensation for SC disability as well as for disabilities compensated as if SC under 38 U.S.C. 1151.
  • Qualification for SHA based on a respiratory disorder requires more than a showing of P&T disability from a respiratory diagnosis such as pulmonary fibrosis, asthma, or COPD.  The diagnosis must have resulted from an inhalational injury caused by breathing steam or toxic inhalants, such as fumes, gases, and mists present in a fire environment (including, but not limited to, acrolein, chlorine, phosgene, and nitrogen dioxide).
References:  For more information on

XIII.i.2.B.1.e.  SAH or SHA Claims Based on Paired Organs or Extremities

  
Even though compensation may be payable under 38 CFR 3.383, claimants do not qualify for SAH or SHA grants if they suffered a loss of paired SC and non-service-connected (NSC) organs or extremities.
 
Reference:  For more information on entitlement to compensation for loss of paired SC and NSC organs and extremities, see

XIII.i.2.B.1.f.  Reduction of Benefits Due to Tort Judgment or Settlement

  
SAH or SHA benefits must be reduced by an “offset amount” in cases where a judgment or settlement of a tort claim against the United States is granted for disability established under 38 U.S.C. 1151, if the tort judgment or settlement
  • becomes final
    • on or after December 10, 2004, but
    • before the date VA awards SAH benefits, and
  • includes an amount specifically designated for housing.
Notes:
  • Contact local Regional Counsel to determine whether a judgment or settlement qualifies for offset under 38 CFR 3.363.
  • If the offset amount exceeds the amount of the SAH benefits awarded, the excess amount is offset against VA compensation.
Reference:  For more information on the offset of disability compensation under 38 U.S.C. 1151, see M21-1, Part VIII, Subpart iv, 6.C.
 

2.  Responsibility for Determinations in SAH or SHA Claims

 

Introduction

  
This topic contains information on the responsibility of different VA divisions for making determinations in SAH or SHA claims, including the responsibility for

Change Date

  
July 15, 2015

XIII.i.2.B.2.a.  Responsibility for Determining SAH/SHA Eligibility and Entitlement

  
The table below lists the relative responsibilities of the Loan Guaranty Division’s Regional Loan Center (RLC) and the Veterans Service Center (VSC) in determining SAH/SHA eligibility and entitlement.
 
The RLC is responsible for …
The VSC is responsible for …
determining entitlement to, and payment of, SAH and SHA, once a Veteran is determined to be eligible.
 
Conditional approval includes consideration of
  • disability requirements
  • feasibility and suitability, and
  • usage or dollar amounts of assistance available vs. any amounts previously paid.
Final approval requires consideration of property requirements including
  • details of proposed adaptations
  • ownership
  • certifications
  • insurance, and
  • geographical limitations.
making determinations on basic eligibility disability requirements listed in M21-1, Part XIII, Subpart i, 2.B.1.b–d, under the circumstances listed in M21-1, Part XIII, Subpart i, 2.B.3.a.
 
Note:  Each VSC must designate a point of contact for SAH/SHA claims who will
  • maintain the SAH/SHA mailbox, and
  • correspond with the RLC of jurisdiction when necessary.
References:  For more information on

XIII.i.2.B.2.b.  Responsibility for Medical Feasibility Determinations in SAH/SHA Claims

  
A determination of medical feasibility is needed when a Veteran is hospitalized or undergoing long-term care in a nursing home or other type of care facility.
 
This determination is made by a Veterans Health Administration physician at the request of Loan Guaranty, with no involvement from the VSC.
 

3.  Processing Claims for SAH or SHA

 

Introduction

  
This topic contains information on processing claims for SAH or SHA, including

Change Date

  
January 22, 2025

XIII.i.2.B.3.a.  When the VSC Will Make an SAH/SHA Basic Eligibility Determination

  
The VSC will make an SAH/SHA basic eligibility determination when
Exception:  The VSC will not make a basic eligibility determination when basic eligibility has already been established.
 
References:  For more information on

XIII.i.2.B.3.b.  VA Form Requirement for SAH/SHA

  
A Veteran or service member seeking SAH or SHA must complete a VA Form 26-4555.
 
Important:
  • VA Form 26-4555 is a prerequisite to the allowance of SAH/SHA by the RLC but is not a prerequisite to VSC action on the determination of basic eligibility.
  • If basic eligibility to SAH/SHA has been previously denied by rating decision, VA Form 26-4555 must be accompanied by a qualifying request for decision review under 38 CFR 3.2500.  Otherwise, treat the submission as a request for application in accordance with procedures found in M21-1, Part II, Subpart iii, 2.G.1.

XIII.i.2.B.3.c.  Claims Filed With the RLC on VA Form 26-4555

  
When a claimant seeks to initiate a claim for SAH/SHA by submitting a VA Form 26-4555 to an RLC, the following activities occur:
  • for electronic submissions, the information from the VA Form 26-4555 is transferred into the SAHSHA system automatically
  • for paper submissions, the RLC will manually enter the information from the application into SAHSHA
  • SAHSHA automatically creates an end product (EP) 290 when the electronic VA Form 26-4555 is received or the information from the application is entered, and
  • RLC staff will determine if a rating from the VSC has previously established basic eligibility.
    • If so, the RLC will proceed with a determination on entitlement following its policies and procedures.  Since EPs 290 are automatically generated, the VSC in these cases will subsequently review and clear the EP 290 once it is determined that eligibility has already been established.
    • If not, the EP 290 will prompt an eligibility determination by the VSC as provided in M21-1, Part XIII, Subpart i, 2.B.3.g.
Notes:
  • Loan Guaranty uses the SAHSHA system to process and track VA Forms 26-4555 electronically.
  • SAH/SHA applications submitted electronically will not bear a wet signature or electronic signature indicator but remain valid submissions for claims-processing purposes.  Claims processors must not improperly cancel EP controls associated with such submissions on the basis that valid signature requirements have not been satisfied.
Reference:  For more information on signatures, see M21-1, Part II, Subpart i, 2.B.2.

XIII.i.2.B.3.d.  Claims Filed With the VSC on VA Form 26-4555

  
When a claimant seeks to initiate a claim for SAH/SHA by submitting VA Form 26-4555 to the VSC,
  • date stamp the VA Form 26-4555
  • forward the application to the RLC of jurisdiction by
  • take any action required by the table below.
If basic eligibility to SAH/SHA …
Then …
has previously been established by rating
no EP control or further VSC action is needed; the RLC will make the entitlement determination.
has not been previously addressed by rating
make a basic eligibility determination as provided in M21-1, Part XIII, Subpart i, 2.B.3.g.
 
Important:  Enter a note in the Veterans Benefits Management System (VBMS) indicating that the VA Form 26-4555 was sent to the RLC.
Note:  In the event a VA Form 26-4555 is inadvertently scanned into the Centralized Mail Portal, VSC personnel must utilize the download functionality within the portal to download the mail image. Once in portable document format (PDF), send the document, via encrypted e-mail, to LGYADMINCORR.VBACO@va.gov.

XIII.i.2.B.3.e.  Claims Filed With the VSC on Any Other Prescribed VA Form

  
When a claim is received by the VSC on a prescribed VA form other than VA Form 26-4555, take any action required by the table below.
 
If basic eligibility to SAH/SHA …
Then …
has previously been established by rating
 
no EP control or further VSC action is needed; the RLC will make the entitlement determination based on its own policies and procedures.
  • has not been previously established by rating, or
  • has been previously denied
make a basic eligibility determination as provided in M21-1, Part XIII, Subpart i, 2.B.3.g.
 
 
Reference:  For more information on prescribed VA forms, see M21-1, Part II, Subpart iii, 1.A.1.a.

XIII.i.2.B.3.f.  Subordinate Issue of Basic Eligibility to SAH/SHA Raised by the Record

  
When there is not a claim for SAH/SHA but the evidence and disposition of an issue demonstrates basic eligibility to SAH/SHA as provided in M21-1, Part V, Subpart ii, 3.A.2, take action as required by the table below.
 
If basic eligibility to SAH/SHA …
Then …
has previously been established by rating
 
do not include an SAH/SHA issue in the rating decision but do ensure the corporate database reflects the SAH/SHA eligibility grant.
  • has not been previously established by rating, or
  • has been previously denied
make a basic eligibility determination as provided in M21-1, Part XIII, Subpart i, 2.B.3.g.
 

XIII.i.2.B.3.g.  VSC SAH/SHA Basic Eligibility Determination Process

  
The table below describes the stages of a VSC SAH or SHA basic eligibility determination process when a determination is necessary as provided in this topic.
 
Where basic eligibility to SAH/SHA arises as a subordinate issue raised by the disposition of a claimed issue, as discussed in M21-1, Part XIII, Subpart i, 2.B.3.f, the process starts with Stage 3.
 
Stage
Who Is Responsible
Description
1
VSC authorization activity
  • Establishes an appropriate EP and claim label, if applicable, using guidance found in M21-4, Appendices B and C, and
  • issues a Section 5103 notice, if required.
2
VSC authorization activity
Refers the claim to the rating activity after either
  • development is complete, or
  • no development is required and the 30-day Section 5103 notice response period has expired.
3
VSC rating activity
Prepares a rating decision on basic eligibility.
 
Note:  VA Form 26-4555 is a claim for both SAH and SHA.
  • A grant of SAH renders the issue of SHA moot since SAH is the greater benefit.  The rating decision does not need to address SHA when SAH is granted.
  • If SAH is denied, the rating decision must address both SAH and SHA.
4
VSC authorization activity
  • Receives the rating decision
  • sends a decision notice to the claimant, and
  • clears the controlling EP.
Important:  Due to the functionality of the SAHSHA program, there is no need for the VSC to send a copy of the rating decision to the RLC.
 
References:  For more information on
 
Note:  It may be necessary to update the corporate record if a previous rating decision establishing eligibility to SAH or SHA does not appear in the system.
 
References:  For more information on

XIII.i.2.B.3.h.  Further Processing by the RLC After a VSC Basic Eligibility Determination

  
The table below describes the stages of processing after the RLC receives notice in the SAHSHA system of a VSC determination that there is basic eligibility to SAH/SHA.
 
If the eligibility determination …
Then …
  • was not initiated by a VA Form 26-4555 submitted to the RLC (or forwarded to the RLC by the VSC), and
  • the form is not otherwise of record
before it can complete processing of the claim and determine entitlement,
  • the RLC sends VA Form 26-4555 to the Veteran or service member, and
  • the Veteran or service member must complete and return the form to the RLC.
  • was initiated by a VA Form 26-4555 submitted to the RLC or forwarded to the RLC by the VSC, or
  • the form is otherwise of record
the RLC completes processing of the claim and determines entitlement.
 
 
 

4.  Handling Disagreements With Denials of Basic Eligibility for SAH/SHA

 

Change Date

  
March 8, 2019

XIII.i.2.B.4.a.  Handling Disagreements With Denials of Basic Eligibility for SAH/SHA

  
If a claimant disagrees with a denial of basic eligibility for SAH/SHA, the VSC is responsible for handling the legacy notice of disagreement (NOD) or appeal, or request for decision review under 38 CFR 3.2500, in accordance with appropriate procedures.
 
If the claimant files a legacy appeal document or request for decision review on an SAH/SHA matter other than basic eligibility, forward the submission to the RLC of jurisdiction for disposition.
 
References:  For more information on