Citation Nr: 21003972 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 17-50 043A DATE: January 25, 2021 REMANDED The claim for an annual clothing allowance for the 2017 calendar year for a right knee brace is remanded. The claim for an annual clothing allowance for the 2017 calendar year for a left knee brace is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1988 to July 1990. This appeal is before the Board of Veterans’ Appeals (Board) from a decision of a Department of Veterans Affairs (VA) Medical Center. In April 2019, the Board denied an annual clothing allowances for the 2017 calendar year for the claimed devices of bilateral knee braces, a back brace, and shoe inserts. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In July 2020, the Veteran, through his attorney, and the Secretary of Veterans Affairs submitted a Joint Motion for Remand (Joint Motion), which moved the Court for an order to remand the clothing allowance issue to the Board, insofar that it denied allowances for the knee braces; as the parties did not raise any issue with the back brace or shoe insert claims, the Board will not further address these. In a July 2020 Order, the Court granted the motion and remanded the claims on appeal to the Board. 1. The claim for an annual clothing allowance for the 2017 calendar year for a right knee brace is remanded. 2. The claim for an annual clothing allowance for the 2017 calendar year for a left knee brace is remanded. In its April 2019 decision, the Board noted that, in October 2017, the agency of original jurisdiction (AOJ) “indicate[d] that the Veteran’s bilateral knee supports were not issued as treatment for his service-connected disabilities, such that entitlement to a clothing allowance is precluded on this basis.” The Board denied annual clothing allowances for the Veteran’s knee braces on the same basis: that, while VA treatment records indicated that the Veteran had been issued elastic knee orthoses with joints, they were not prescribed for any service-connected disability. In the July 2020 Joint Motion, the parties “inform[ed] the Court that, subsequent to the April 19, 2019, Board decision now on appeal, the Board issued a decision on June 29, 2020, which, in pertinent part, granted [the Veteran] entitlement to service connection for a bilateral knee disability.” Thus, “to avoid any potential confusion, the parties request[ed] that the Court vacate the Board’s April 19, 2019, decision and remand the issue of [the Veteran’s] entitlement to a clothing allowance for the year 2017 for readjudication in light of the Board’s recent grant of service connection for a bilateral knee disability.” In a July 2020 rating decision, a VA regional office implemented the Board’s June 2020 decision granting service connection for right and left knee disabilities, and assigned an effective date of November 20, 2016. The AOJ has not yet adjudicated the Veteran’s clothing allowance claims for knee braces in light of his award of service connection for right and left knee disabilities. In light of the July 2020 Joint Motion terms, the appeal must be remanded for the AOJ to adjudicate the clothing allowance claims on the merits, given the award of service connection for right and left knee disabilities, effective November 20, 2016. Moreover, the electronic claims file does not contain the documentation and evidence relevant to the claims on appeal, including any decisions from the AOJ or documents submitted by the Veteran. Therefore, on remand, the AOJ must upload all documentation related to the claims for annual clothing allowances for the 2017 calendar year for right and left knee braces to the electronic claims file. The matters are REMANDED for the following action: 1. Upload all documentation related to the claims for annual clothing allowances for the 2017 calendar year for right and left knee braces to the electronic claims file. 2. After completing the above and any other necessary development, readjudicate the claims on appeal, considering the award of service connection for right and left knee disabilities, effective November 20, 2016. If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Andrew Mack, 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.