Citation Nr: 18142257
Decision Date: 10/15/18	Archive Date: 10/15/18

DOCKET NO. 16-11 765
DATE:	October 15, 2018
ORDER
Entitlement to a clothing allowance for the 2015 calendar year for a right knee brace is denied.
FINDING OF FACT
Although the Veteran’s right knee brace has been issued by VA, such is not prescribed for a service-connected disability.
CONCLUSION OF LAW
The criteria for entitlement to a clothing allowance for the 2015 calendar year for a right knee brace are not met.  38 U.S.C. §§ 1162, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.810.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from August 1970 and October 1971.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 letter of determination by a Department of Veterans Affairs (VA) Medical Center.  
On appeal, the Veteran indicated that he wears a right knee brace for an arthritic knee and that his right knee brace causes wear and tear, particularly to his suit pants, when he ushers at church.  The Veteran indicated that he has been told that if the brace caused wear and tear to his clothing that he could get a clothing allowance.  He further stated that he injured his knee during military service, although he did not file any paperwork because he was 19 years old and just dealt with the pain; he concluded that he just wanted a clothing allowance and did not want to file for any additional disability.  
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 the veteran’s outer garments.  38 U.S.C. § 1162.  
The implementing regulation, 38 C.F.R. § 3.810, provides, in pertinent part, that an annual clothing allowance may be granted when the following criteria are met, when (i) A VA examination or a hospital or examination report from a facility specified in § 3.326(b) establishes that the veteran, because of a service-connected disability or disabilities due to loss or loss of use of a hand or foot compensable at a rate specified in § 3.350(a), (b), (c), (d), or (f), wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing; or, (ii)(A)  The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability or disabilities, wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing.  38 C.F.R. § 3.810(a)(1).
A review of the Veteran’s claims file demonstrates that service connection has been established for his schizophrenia, effective since July 1973, and has been evaluated as 100 percent for that disability since April 13, 1998.  Schizophrenia is his only disability for which service connection has been established.  
With respect to the Veteran’s right knee brace, he has no right knee disability for which service connection has been established.  Accordingly, the claimed right knee brace cannot be awarded a clothing allowance in this case as that brace is not prescribed in connection with a service-connected disability.  See 38 U.S.C. § 1162; 38 C.F.R. § 3.810; Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Peters, Counsel