Citation Nr: 18115366 Decision Date: 06/29/18 Archive Date: 06/29/18 DOCKET NO. 14-43 772 DATE: June 29, 2018 ORDER Payment of a clothing allowance for a left finger brace for the calendar year 2014 is denied. Payment of a clothing allowance for topical pain medications for the calendar year 2014 is denied. REMANDED Claims of entitlement to payment of a clothing allowance for a back brace, right knee brace, and left knee brace for the calendar year 2014. FINDINGS OF FACT 1. The Veteran served on active duty from May 1968 to April 1970 and from September 1983 to February 2001. 2. The Veteran is in receipt of service-connected disability benefits for lumbar disc disease with herniation, degenerative joint disease of the left and right knees, residuals of fracture of the right elbow, residuals of fracture of the left olecranon, hemorrhoids, temporomandibular dysfunction, and contusion of the left index finger. 3. The Veteran did not use a left finger brace that tended to wear and tear his clothing in 2014. 4. The Veteran has not been prescribed a topical medication for a service-connected skin disability. CONCLUSIONS OF LAW 1. The criteria for payment of a clothing allowance for a left finger brace were not met for 2014. 38 U.S.C. §§ 1162, 5107 (2012); 38 C.F.R. §§ 3.102, 3.810 (2017). 2. The criteria for payment of a clothing allowance for a topical medication were not met for 2014. 38 U.S.C. §§ 1162, 5107 (2012); 38 C.F.R. §§ 3.102, 3.810 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran applied for a clothing allowance for 2014 for damage caused to his clothing by a left finger brace and a topical analgesic cream. The regulations pertaining to clothing allowance claims were revised in 2011 and 2012. See 76 Fed. Reg. 70,885 (Nov. 16, 2011); 77 Fed. Reg. 34,218 (Jun. 11, 2012). Pursuant to 38 C.F.R. § 3.810, except as provided for incarcerated veterans, a veteran who has a service-connected disability, or a disability compensable under 38 U.S.C. 1151 as if it were service connected, is entitled, upon application therefore, to an annual clothing allowance, which is payable in a lump sum, as specified in this paragraph. One clothing allowance is payable if: 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 the Under Secretary for Health or a designee certifies that (A) 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; or (B) a veteran uses medication prescribed by a physician for one skin condition, which is due to a service-connected disability, that causes irreparable damage to the veteran’s outer garments. Service connection is in effect for lumbar disc disease with herniation, degenerative joint disease of the left and right knees, residuals of fracture of the right elbow, residuals of fracture of the left olecranon, hemorrhoids, temporomandibular dysfunction, and contusion of the left index finger. In this case, the Veteran asserts that he uses a topical medication for pain from his service-connected orthopedic disabilities. Regrettably, a clothing allowance may only be granted for damage from topical medications used to treat service-connected skin disabilities. As service connection is not in effect for any skin disability, the claim for a clothing allowance based on damage to clothes from a topical medication must be denied. The Veteran states that his left finger brace was fashioned by the VA occupational therapy clinic and is rigid and hard. On his VA Form 9, he reports how his back and bilateral knee braces damage his clothing, but only asserts that the left finger brace is hard as metal. He has not described in any way how the brace damages his clothing. Absent evidence that wearing the brace results in damage to the Veteran’s clothing, the claim for payment of a clothing allowance for a left finger brace must be denied. Finally, with respect to all the claims, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). REASONS FOR REMAND On his VA Form 9, the Veteran states that his back brace is hard and has very little padding, with six metal brads and metal O-rings on the right and left sides. He indicated that he wears the brace on the outside of his clothing and that the bottom of the brace pushes down on top of his pants, damaging the top of the pants, snagging the belt loops and pulling them loose over time. He also asserts that the brace damages the front of his shirt. The Veteran reports that the hinges on his right and left knee braces have worn through the padding and are exposed to his clothing. He also indicates that the color from his knee braces bleeds into his outer clothing. Finally, he states that he was issued a DonJoy Defiance Knee Brace after his left knee operation and that he also wears that brace. A review of the August 2014 prosthetics evaluation in association with the claim does not reflect that the Veteran’s actual braces were examined. Rather, the evaluation refers to review of VA medical records only. Therefore, the Board remands the appeal so that the Veteran’s back, right knee, and left knee braces may be examined for the damage he describes and for further consideration of the claim in light of the findings. Further, the agency of original jurisdiction (AOJ) must adjudicate the claim for a clothing allowance for the left knee brace in light of the fact that he asserts that he also uses his post-surgical DonJoy brace for that disability. Finally, the most recent VA treatment note of record is dated in November 2005. Thus, the Board does not have available the treatment notes pertinent to the Veteran’s prescription and use of his back and knee braces, including the records purportedly reviewed by the AOJ in assessing the braces. Therefore, the appeal must also be remanded so that VA treatment notes dated from November 2005 to the present may be added to the claims file. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (records generated by VA facilities that may have an impact on the adjudication of a claim are considered in the constructive possession of VA adjudicators during the consideration of a claim, regardless of whether those records are physically on file). The matter is REMANDED for the following actions: 1. Associate with the claims file any outstanding, relevant treatment notes, to include VA treatment notes dated from November 2005 to the present. 2. Schedule the Veteran for an evaluation to examine all back and knee braces he uses, as well as any examples of damaged clothing he wishes to provide. All findings should be clearly documented in the claims file. 3. Adjudicate the issues on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, a supplemental statement of the case should be issued to the Veteran and his representative, and they should be afforded the requisite opportunity to respond. Thereafter,   the case should be returned to the Board for further appellate action. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. M. Schaefer, Counsel