Citation Nr: 20008318 Decision Date: 01/31/20 Archive Date: 01/31/20 DOCKET NO. 17-17 707 DATE: January 31, 2020 ORDER Entitlement to a clothing allowance for the 2016 calendar year for the topical skin medication, benzol peroxide is granted. FINDING OF FACT The topical skin medication, benzol peroxide, was prescribed to treat service-connected pseudofolliculitis disability and is reasonably shown to have caused irreparable damage to the Veteran’s outer garments. CONCLUSION OF LAW The criteria for entitlement to a clothing allowance for the 2016 calendar year for the topical skin medication, benzol peroxide have been met. 38 U.S.C. § 1162 (2012); 38 C.F.R. § 3.810 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1984 to August 1991. Clothing allowance The Veteran is service connected for pseudofolliculitis with residuals scars/disfigurement, effective July 25, 2011. The Veteran claims entitlement to a clothing allowance for the topical skin medication, benzol peroxide. Payment of an annual clothing allowance is authorized 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, 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: (1) 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 (2) 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, or that 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. 38 C.F.R. § 3.810 (a)(1)(ii)(A). As noted above, the Veteran is service connected for pseudofolliculitis with residuals scars/disfigurement and in his March 2017 substantive appeal, the Veteran reported that this topical gel is bleaching and damaging his shirts. See March 2017 VA Form-9. Significantly, an October 2017 VA pharmacy note indicated the Veteran’s past medical history was significant for pseudofolliculitis barbae and he has had good response to benzol peroxide as treatment for his condition, so the benzol peroxide treatment was approved. Accordingly, the Board finds that the Veteran has credibly reported that he used benzol peroxide in 2016 and it caused irreparable damage to his outer garments. Affording the Veteran the benefit of any reasonable doubt, the Board finds that benzol peroxide has been prescribed for his service-connected pseudofolliculitis with residuals scars/disfigurement disability and the medication caused irreparable damage to the Veteran’s clothing during the time in question. Accordingly, the Board finds that a clothing allowance is warranted for 2016 based on the Veteran’s prescribed skin medication, benzol peroxide, for his service-connected pseudofolliculitis with residuals scars/disfigurement disability. 38 C.F.R. § 3.810 (a)(1)(ii)(B); see also 38 C.F.R. § 3.102. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Schick, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.