Citation Nr: 21003455 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 16-53 500 DATE: January 21, 2021 REMANDED Entitlement to clothing allowance for the use of hemorrhoidal cream, for calendar year 2015, pursuant to 38 U.S.C. § 1162, is remanded. Entitlement to clothing allowance for the use of capsaicin and lidocaine cream, for calendar year 2015, pursuant to 38 U.S.C. § 1162, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Army from August 1989 to December 1996. The Veteran is a Gulf War Era Veteran who also served during Peacetime. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 letter of determination issued by the Department of Veterans Affairs (VA). The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in May 2019. A transcript of the hearing is associated with the claims file. 1. Entitlement to a clothing allowance for cream is remanded. 2. Allowance for clothing allowance for cream is remanded. The law provides for payment of an annual clothing allowance 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 of the veteran, or uses medication which a physician has prescribed for a 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. More than one clothing allowance can be awarded if multiple types of garments are affected, or if a single type of clothing is subject to an increased rate of wear and tear due to more than one prosthetic or orthopedic appliance, medication for more than one skin condition, or an appliance and a medication. 38 C.F.R. § 3.810(a)(2)-(3). The Veteran claims entitlement to a clothing allowance for hemorrhoidal cream and right knee cream for calendar year 2015. Although the Board sincerely regrets any delay that this may cause, further development is necessary prior to adjudicating this claim. In this case, the Veteran’s service-connected disabilities, during the period on appeal, include hemorrhoids, left knee osteoarthritis, and right knee osteoarthritis. See Rating Decision Codesheet, dated January 2020. In September 2015, the Veteran filed a claim for a clothing allowance for a hemorrhoid cream and cream used for treatment of his knee disabilities. VA Treatment Records demonstrate that the Veteran was prescribed hemorrhoidal suppositories for hemorrhoids and capsaicin/lidocaine cream for his knee disabilities in calendar year 2015. See VA Treatment Records, dated August 2015. The Veteran asserts, in part, that the that the prescribed creams he uses for treatment of his service-connected hemorrhoids and bilateral knee disabilities cause irreparable damage to his outer garments. See Hearing Testimony, dated May 2019. The Agency of Original Jurisdiction (AOJ) denied the Veteran’s claim based, at least in part, upon established procedures of Veterans Health Administration (VHA) handbook 1173. This handbook, however, has not been associated with the file. This handbook, specifically that rationale for denying the Veteran’s clothing allowance claim, is necessary for the Board to properly adjudicate this claim. As such, upon remand, the AOJ should associate the appropriate handbook, from years 2015 and 2016, with the electronic claims file. 38 C.F.R. § 3.159(c)(2). The Veteran should also be afforded the opportunity to provide any evidence in his possession that may support his claim. This includes, but is not limited to, medical records, photographic evidence, and lay statements from friends and family in support of his claim. 38 C.F.R. § 3.159(c)(1). The matters are REMANDED for the following action: 1. The AOJ shall send the Veteran a letter providing him the opportunity to provide evidence in support of his claim. The letter should specify that potential evidence includes, but is not exclusive of, medical records, photographic evidence, and statements of friends, family, and other individuals who may attest at to the claims asserted. 2. The AOJ shall obtain a copy of VHA Handbook 1173, from 2015 and 2016, and associate those Handbooks with the electronic claims file. The AOJ shall ensure that the specific sections concerning clothing allowance are included in the file. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. E. Trotter, 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.