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(a) for the purpose of establishing eligibility to SAH.| Qualifying Disability | Notes |
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| 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 established eligibility for 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 the purpose of establishing eligibility for 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 purpose of establishing eligibility for 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 an SC 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 |