PREC 13-95    Specially Adapted Housing Death Case     Citation: Vet. Aff. Op. Gen Couns. Prec. 13-95, VAOPGCPREC 13-95, 1995

May VA reimburse the estate of a deceased veteran whose application for specially adapted housing was pending at the time of death for any of the losses suffered in anticipation of the approval of the grant?

The Veterans Benefits Administration (VBA) should issue regulations establishing what constitutes the final approval for granting SAH assistance.  These regulations should also provide that VA may authorize a veteran who meets all initial qualifying criteria to incur certain preliminary costs prior to final grant approval.  They may also permit VA to reimburse these costs to the estate of a veteran who dies prior to final approval if VA determines it is likely approval would have been given had the veteran lived.  Until such regulations are issued, VA may continue the practice authorized in M26-12, paragraph 7.04, of reimbursing a veteran’s estate or a third party for certain limited costs clearly incurred in preparation for the remodeling of the home.