Citation Nr: 18155236
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 18-28 675
DATE:	December 4, 2018
ORDER
Entitlement to an annual clothing allowance for the calendar year 2017 is granted.
FINDING OF FACT
The Veteran’s service-connected skin disability required use of prescribed cream and ointment during the period August 1, 2016, to July 31, 2017, that as likely as not caused irreparable damage to his outer garments.
CONCLUSION OF LAW
With resolution of reasonable doubt in the Veteran’s favor, the criteria for entitlement to an annual clothing allowance for the calendar year 2017 have been met.  38 U.S.C. § 1162; 38 C.F.R. § 3.810.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran contends that he has been prescribed a number of creams and ointments to treat his service-connected skin disability which have caused irreparable damage to his outer garments.  A veteran is entitled to one clothing allowance if either (i) a VA examination or a hospital or examination report from a facility specified in 38 C.F.R. §3.326(b) establishes that the veteran, because of a service-connected disability, wears or uses a qualifying prosthetic or orthopedic appliance that tends to wear or tear clothing; or (ii) the Under Secretary for Health or a designee certifies that the veteran, because of a service-connected disability or disabilities, wears or uses a qualifying prosthetic or orthopedic appliance that tends to wear or tear clothing, or the veteran uses medication prescribed by a physician for a skin condition, which is due to a service-connected disability, that causes irreparable damage to the veteran’s outer garments.  38 C.F.R. § 3.810(a)(1).
The Veteran’s claim was reviewed by a representative of the Atlanta VA Medical Center Prosthetic & Sensory Aids Service Line.  In the August 2017 decision on appeal, the Veteran’s claim was denied by the Agency of Original Jurisdiction (AOJ) on the basis that the prescribed creams and ointments do not stain clothing.  In his notice of disagreement, the Veteran stated that he has been using over-the-counter Aquaphor, and has been prescribed “Hydrophor,” for years to reduce outbreaks of his skin disability.  He asserted that using these ointments multiple times daily stains light-colored and light material clothing.
In an April 2018 statement of the case (SOC), the AOJ noted that the Veteran was prescribed Triamcinolone 0.1% on July 26, 2017, and Hydrophilic Aquaphor on October 21, 2017.  The AOJ notes that only the Triamcinolone was prescribed during the calendar 2017 clothing allowance period, which ran from August 1, 2016, to July 31, 2017.  In continuing to deny the Veteran’s claim, the AOJ concluded that “[a]ll of the other claimed skin medication list[ed]…do not stain clothing per the approved list from the VA Central Office.”  
The Board finds that it is reasonable to interpret the findings by the AOJ in the April 2018 SOC that the claimed skin medications other than Triamcinolone and Hydrophilic Aquaphor do not stain clothing.  In other words, a fair reading of the SOC indicates that the AOJ concedes that both Triamcinolone and Hydrophilic Aquaphor are known to stain clothing.  Furthermore, July 2017 VA dermatology records, generated during the calendar 2017 clothing allowance period, instruct the Veteran to continue use of Aquaphor twice daily to the entire body.  It appears the prescription was subsequently refilled after August 1, 2017.  Finally, the Board has no reason to doubt the credibility of the Veteran’s statements regarding the damage caused by these skin ointments to his clothing.  
Accordingly, resolving all doubt in the Veteran’s favor, the Board concludes that the Veteran’s service-connected skin disability required use of medications that caused irreparable damage to his outer garments.  As such, the claim for a clothing allowance for the calendar year 2017 is granted.
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher Murray, Counsel