Citation Nr: 20052989 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 19-07 862 DATE: August 10, 2020 ORDER Entitlement to a clothing allowance based on the use of a left knee brace for the year 2018 is denied. Entitlement to a clothing allowance based on the use of a right knee brace for the year 2018 is denied. FINDINGS OF FACT 1. The left knee brace that the Veteran was issued at VA treatment is not for treatment of a service-connected disability. 2. The right knee brace that the Veteran was issued at VA treatment is not for treatment of a service-connected disability. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance based on the use of a left knee brace for the year 2018 have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for a clothing allowance based on the use of a right knee brace for the year 2018 have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from May 2004 to March 2008. In September 2018 the Veteran wrote that he has a service dog and that the harness causes wear and tear on his pants. The Veteran is advised that he must submit a separate claim for a clothing allowance based on the use of a service dog if he wishes to do so. 1. Entitlement to a clothing allowance based on the use of a left knee brace for the year 2018 2. Entitlement to a clothing allowance based on the use of a right knee brace for the year 2018 The Veteran is seeking a clothing allowance for 2018 due to wearing a back brace that causes abnormal wear and tear on his clothing. A veteran who has a service-connected disability is entitled to an annual clothing allowance upon meeting certain eligibility requirements, including if the veteran, because of a service-connected disability or disabilities, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing. 38 C.F.R. § 3.810(a)(1). Further, a veteran is entitled to two annual clothing allowances if he or she uses more than one prosthetic or orthopedic appliance where each use satisfies the requirements of 38 C.F.R. § 3.810(a)(1) outlined above; and together tends to wear or tear a single type of article of clothing at an increased rate of damage to the clothing due to the second appliance. 38 C.F.R. § 3.810(a)(3). In March 2019 the Veteran wrote that he was issued knee braces for balance and stability at the Bronx VA Medical Center. Service connection is in effect for traumatic brain injury, posttraumatic stress disorder, right rotator cuff tendonitis, lumbago, a chronic right ankle sprain, right hand numbness, gastroenteritis, and a cervical spine condition. Service connection is not in effect for a left or right knee disability. The record does not show that knee braces were issued for a service-connected disability. Therefore, the claim for a clothing allowance for the year 2018 for the use of knee braces must be denied. See 38 C.F.R. § 3.810(a)(1). The Veteran has contended that he should be provided a clothing allowance for his knees because he uses the braces in question to avoid further injury to his service-connected disability such as his back. However, neither he nor his representative provide any authority to support this contention and the Board is unaware of any provision for such an allowance under these or similar circumstances. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Scott Shoreman, 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.