Citation Nr: 18156124 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 16-03 779 DATE: December 7, 2018 ORDER Entitlement to a clothing allowance for the year 2015 due to use of a knee brace is granted. Entitlement to a clothing allowance for the year 2015 due to use of a topical medication is granted. FINDINGS OF FACT 1. The Veteran’s service-connected right knee disability required the use of a knee brace during the calendar year 2015 clothing allowance period that as likely as not tended to wear and tear clothing. 2. The Veteran’s service-connected skin disability required use of prescribed topical medication during the calendar year 2015 clothing allowance period that is known to cause irreparable damage to outer garments. CONCLUSIONS OF LAW 1. With resolution of reasonable doubt in the Veteran’s favor, the criteria for entitlement to a clothing allowance for the year 2015 due to use of a knee brace have been met. 38 U.S.C. § 1162; 38 C.F.R. § 3.810. 2. The criteria for entitlement to a clothing allowance for the year 2015 due to use of a topical medication have been met. 38 U.S.C. § 1162; 38 C.F.R. § 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from June 1990 to July 1991, and from February 2011 to January 2012. 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. He also asserts braces worn for his right knee and left ankle causes wear and tear to his slack and pants. 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). A veteran is entitled to multiple clothing allowances if multiple types of garments are affected and each prosthetic or orthopedic appliance or topical medication used by the veteran (i) satisfies the requirements outlined above; and (ii) affects a distinct type of article of clothing or outer garment. 38 C.F.R. § 3.810(a)(2). Right Knee Brace VA treatment records indicate that, in December 2014, the Veteran was provided a hinged air DonJoy knee sleeve for his right knee disability. In a July 2015 statement, the Veteran contended that this knee brace wears his pants to the point they tear and snag. In the December 2015 statement of the case, the Agency of Original Jurisdiction (AOJ) found that the right knee brace is a hinged knee sleeve (hinges covered by material) and is considered a softgood orthotic determined not to tear clothing. However, the Board notes that the specific model knee brace provided to the Veteran includes a large, uncovered metal or hard plastic protrusion used to inflate a pneumatic buttress for patellar support. As the Veteran wears the knee brace, he is competent to testify whether the provided device results in wear and tear to his clothing, and his affirmative statements constitutes persuasive evidence in favor of his claims. See, e.g., Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). The Board notes that the AOJ’s general finding in the December 2015 statement of the case, that the hinges of the knee sleeve are covered by material, does not pertain to the Veteran’s specific knee brace, as it does not take into account the uncovered protrusion, and there is no indication that any qualified medical professional has made a specific assessment of whether the Veteran’s use of the knee brace actually results in wear and tear to his clothing. Thus, weighing this non-specific finding against the Veteran’s specific, competent lay assertions, the evidence is at least in equipoise concerning whether the knee brace causes wear and tear to his clothing. Accordingly, resolving reasonable doubt in the Veteran’s favor, the Board finds that a clothing allowance for the year 2015 due to use of a knee brace is warranted. 38 C.F.R. §§ 3.102, 3.810(a)(1). Topical Medication VA treatment records reflect that, during the 2015 clothing allowance period, he was provided Selenium Sulfide 2.5% lotion/shampoo to treat his service-connected skin disability. In a July 2015 statement, the Veteran stated that the topical medication provided for his skin disability causes significant discoloration of his shirts. Significantly, according to a list maintained by VA, Selenium Sulfide 2.5% lotion/shampoo is known to stain or damage clothing. As such, the criteria outlined in 38 C.F.R. § 3.810(a)(1)(ii)(B) have been met, and a clothing allowance for the year 2015 due to use of a topical medication is warranted. As a final note, because the right knee brace affects the Veteran’s pants and the topical medication affects his shirts, and both satisfy the regulatory requirements as discussed above, the Board finds that two clothing allowances are warranted. 38 C.F.R. § 3.810(a)(2). MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christopher Murray, Counsel