Citation Nr: 18141041 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 15-42 764A DATE: October 9, 2018 ORDER Department of Veterans Affairs (VA) clothing allowance for 2015 due to use of ankle braces is granted. FINDING OF FACT Ankle braces the Veteran wore for the service-connected right and left ankle disabilities in 2015 tended to wear or tear clothing. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for a clothing allowance for the year 2015 due to use of ankle braces are met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R §§ 3.102, 3.810. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, served on active duty from August 1973 to August 1977. Clothing allowance for 2015 due to use of ankle braces The law provides for payment of an annual clothing allowance for each veteran who, because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which VA determines tends to wear out or tear the clothing of the veteran, or uses medication which a physician has prescribed for a skin condition which is due to a service-connected disability and VA determines causes irreparable damage to a veteran’s outer garments. 38 U.S.C. § 1162. A veteran who has a service-connected disability is entitled to an annual clothing allowance if (1) the disability is the loss or loss of use of a hand or foot and an examination or hospital report discloses that the veteran wears or uses a prosthetic or orthopedic appliance which tends to wear or tear clothing because of such disability; (2) the Under Secretary for Health or such designee certifies that because of his service-connected disability a prosthetic or orthopedic appliance which tends to wear or tear clothing is worn; or (3) the Under Secretary for Health or such designee certifies that a physician-prescribed medication for a skin disability due to a service-connected disability irreparably damages the veteran’s outer garments. 38 C.F.R. § 3.810(a)(1)(2)(3). Having reviewed all the evidence of record, lay and medical, the Board finds that the evidence is at least in equipoise on the question of whether in 2015 ankle braces the Veteran wore for the service-connected right and left ankle disabilities tended to wear or tear clothing. The record reflects the Veteran was issued ankle braces in January 2011 and June 2012, and was awarded clothing allowances related to the braces in the years 2011, 2012, 2013, and 2014. In an August 2015 VA administrative decision, the Veteran’s clothing allowance for 2015 was denied on the grounds that there were no records of upkeep of the ankle braces; as such, the Regional Office (RO) determined that the ankle braces were not worn enough to cause fair wear, tear, or damage to clothing. A January 2016 Statement of the Case noted that the Veteran was seen by a VA orthotist/prosthetist in October 2015, at which time it was determined that the ankle braces were not worn enough to cause fair wear, tear, or damage to clothing; however, the October 2015 VA treatment record that was referenced in the January 2016 Statement of the Case only notes that new strap replacements for the ankle braces were ordered, which indicates the ankle braces were showing wear from use themselves. In a January 2016 Notice of Disagreement, the Veteran explains that the bilateral hinged ankle braces issued by Hanger Prosthetics and Orthotics do not require any specialized maintenance. The Veteran states that he was instructed to clean the braces on a daily basis by removing any debris that may be found on or around the hinges and apply drops of oil on the hinges as needed. The Veteran contends that he performed general maintenance on the ankle braces at home and did not require VA’s assistance in doing this as the maintenance is not technical in nature. Further, the Veteran asserts that he still wears the ankle braces on a daily basis, which is supported by the medical evidence of record. See January 2014 VA examination report; July 2017 VA treatment record; February 2018 VA treatment record. The record reflects that the Veteran had been using the same ankle braces in 2015 as the ones he was using during 2011, 2012, 2013, and 2014, for which clothing allowances had been granted. Additionally, the record does not reflect a finding that the ankle braces do not cause wear and tear on clothing, or that the Veteran had stopped wearing them. For these reasons, the Board concludes that the Veteran’s 2015 use of the ankle braces to treat the service-connected right and left ankle disabilities tended to wear and tear clothing to warrant a clothing allowance for 2015 due to the use of ankle braces. 38 C.F.R §§ 3.102, 3.810. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Choi, Associate Counsel