Citation Nr: 21062953 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 13-25 523A DATE: October 12, 2021 ORDER Entitlement to a clothing allowance for outer garments, for calendar year 2013, pursuant to 38 U.S.C. § 1162 is granted. Entitlement to a clothing allowance for outer garments, for calendar year 2014, pursuant to 38 U.S.C. § 1162 is granted. FINDINGS OF FACT 1. For calendar year 2013, the evidence of record demonstrates that lotion for surgical scars associated with the Veteran's service-connected heart disability caused irreparable damage to his outer garments. 2. For calendar year 2014, the evidence of record demonstrates that medication for the Veteran's service-connected heart disability caused irreparable damage to his outer garments. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for the 2013 calendar year for outer garments are met. 38 U.S.C. §§ 1162, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for a clothing allowance for the 2014 calendar year for outer garments are met. 38 U.S.C. §§ 1162, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1967 to September 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2013 and August 2014 decisions by a Department of Veterans Affairs (VA) Medical Center, which denied the Veteran entitlement to clothing allowances for the 2013 and 2014 calendar years. In a May 2019 letter, VA notified the Veteran that he was scheduled for a video conference hearing on June 28, 2019. In June 2019, the Veteran requested to reschedule the June 2019 hearing. In November 2019, the Veteran presented sworn testimony at a hearing before the undersigned. A transcript is of record. Of note, in a March 2020 letter, VA notified the Veteran that he was entitled to a third hearing on the mistaken basis that he presented testimony before the Board in June 2019 and November 2019. The Veteran declined a third hearing. As the Veteran only presented testimony before the undersigned, the Board will proceed with a single-judge decision. 1. Entitlement to a clothing allowance for outer garments, for calendar year 2013, pursuant to 38 U.S.C. § 1162 is granted. 2. Entitlement to a clothing allowance for outer garments, for calendar year 2014, pursuant to 38 U.S.C. § 1162 is granted. The Veteran seeks entitlement to clothing allowances for outer garments for calendar years 2013 and 2014. During the November 2019 hearing, the Veteran testified that his service-connected heart disability necessitated surgery that left scars on his torso. Throughout the appeal, he has maintained that the scars required lotion, which he applied twice daily, to treat pain and irritation, and that the lotion permanently damaged his outer garments. See Board hearing (November 2019); VA Form 9 (September 4, 2013). In an August 2013 statement, the Veteran detailed that his primary care doctor, Dr. W., prescribed the lotion, specifically hydrocerin. See Statement (August 22, 2013). 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 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 provisions of 38 C.F.R. § 3.810(a) authorize a clothing allowance if the Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability or disabilities, uses medication for one skin condition that causes irreparable damage to the veteran's outer garments. See 38 C.F.R. § 38 C.F.R. § 3.810 (a)(1)(ii)(B). During calendar years 2013 and 2014, the Veteran's service-connected disabilities included a heart disability, characterized as ischemic heart disease/coronary artery disease. The evidence of record shows that the Veteran's heart disability necessitated surgical intervention in November 2010 (selective coronary angiography and left ventriculography) and in 2011 (left heart catherization, LV angiography, coronary angiography, femoral angiography). See Heart Clinic Arkansas (November 1, 2010); VA treatment records (March 29, 2011). As the evidence shows that the Veteran underwent multiple heart surgeries, the Board finds that finds competent and credible the Veteran's report of scars associated with his service-connected heart disability. The Board also finds competent and credible, the Veteran's reported use of scar ointment and that the use of the same irreparably damaged his outer garments. Indeed, the Veteran has consistently maintained this assertion throughout the appeal; the location of the reported scars is consistent with his service-connected heart surgeries; scar ointment could damage clothing; and the Veteran is competent to observe irreparable outer garment damage associate with ointment use. The evidence does not call into question the credibility of his account. In light of the foregoing, and after resolving reasonable doubt in favor of the Veteran, the Board finds that for calendar years 2013 and 2014, the evidence of record demonstrates that lotion for surgical scars associated with the Veteran's service-connected heart disability caused irreparable damage to his outer garments. Thus, clothing allowances for outer garments, for calendar years 2013 and 2014, pursuant to 38 U.S.C. § 1162, are warranted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joshua R. Castillo, 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.