Citation Nr: 18154423
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 16-24 620A
DATE:	November 29, 2018
ORDER
Entitlement to payment of a VA annual clothing allowance for the year 2015 is granted.
FINDINGS OF FACT
1. The record shows that the Veteran reasonably raised a claim of entitlement to an annual clothing allowance in October 2014 and January 2015.  
2. Resolving doubt in favor of the Veteran, the evidence of record demonstrates that the Veteran’s back brace tends to cause wear and tear to his clothing.
CONCLUSION OF LAW
The criteria for a VA annual clothing allowance due to the use of a back brace for the year 2015 are met.  38 U.S.C. §§ 1162, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.810.

REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty in the Army from June 1971 to March 1973.  
The Veteran presented sworn testimony at a hearing before the undersigned in March 2017.  A transcript is on file.
The Veteran contends that he is entitled to an annual clothing allowance for the year 2015 as he wears a back brace due to his service-connected chronic lumbar syndrome.  He contends that he currently receives a clothing allowance for this condition and has received one for the past six years.  See March 2017 hearing transcript, p. 3; August 2015 claim form; March 2016 notice of disagreement; June 2016 VA Form 9.
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 which VA determines tends to wear out or tear the clothing of the Veteran.  38 U.S.C. § 1162; 38 C.F.R. § 3.810.
The application for clothing allowance must be filed within one year of the anniversary date (August 1) for which entitlement is initially established, otherwise, the application will be acceptable only to effect payment of the clothing allowance becoming due on any succeeding anniversary date for which entitlement is established, provided the application is filed within one year of such date.  38 C.F.R. § 3.810(c)(1).
The Veteran’s application for a clothing allowance for 2015 was denied as the Biloxi, Mississippi VAMC determined the Veteran’s claim form was untimely as it was received on August 12, 2015, after the August 1, 2015 deadline.  A December 2012 letter from a private physician was associated with the claims file in October 2014 and notes that the Veteran’s back brace is effective treatment for his pain due to his service-connected lumbar spine condition and that he qualifies for a clothing allowance.  The Board finds that the physician’s statement, which was associated with the claims file in October 2014 and again in January 2015, reasonably raised a claim of entitlement to an annual clothing allowance for the year 2015.  As such, the claim was timely filed.  In light of the Veteran’s contentions, and resolving doubt in the Veteran’s favor, the Board finds that an annual VA clothing allowance for the year 2015 is warranted.  38 U.S.C. § 5107 (b); 38 C.F.R. §§ 3.102, 3.810(a)(1).
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Samuelson, Counsel