Citation Nr: 21063713
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 16-15 659A
DATE: October 15, 2021

REMANDED

Entitlement to an annual clothing allowance for the year 2012 for the use of a back brace is remanded.

Entitlement to an annual clothing allowance for the year 2012 for the use of bilateral knee braces is remanded.

REASONS FOR REMAND

The Veteran had active duty in the Army from June 1977 to July 2007.  

The matters are on appeal before the Board of Veterans' Appeals (Board) from a November 2012 decision of the Department of Veterans Affairs Medical Center (VAMC) in Birmingham, Alabama.  The decision denied clothing allowances for the year 2012 for the Veteran's back and bilateral knee braces.  The issue was previously remanded by the Board in December 2020 to reconstruct the record and upload all documentation related to the appeals to the electronic claims file.

1. Entitlement to an annual clothing allowance for the year 2012 for the use of a back brace is remanded.

2. Entitlement to an annual clothing allowance for the year 2012 for the use of bilateral knee braces is remanded.

In a November 2012 Notice of Disagreement (NOD), the Veteran stated that he was awarded clothing allowances for the same back and knee braces in 2008, 2009, and 2011.  The Veteran indicated that proof of the clothing allowances in 2008, 2009, and 2011 were attached as "#1 a, b, & c."  However, the attachments presumably containing the information regarding his prior clothing allowance approvals and relevant to the Veteran's current clothing allowance appeal are missing.  As this is indicative that the Veteran's claims file has not been reconstructed in full, per the Board's December 2020 remand, another remand is required for the VAMC to secure the missing attachments from the Veteran's NOD as well as any other missing documents.

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file the NOD attachments on 2008, 2009, and 2011 clothing allowance determinations and any other missing documents relevant to the Veteran's clothing allowance claim for calendar year 2012.

All attempts to obtain these records should be documented in the claims folder.  If any records cannot be obtained, a formal finding of unavailability should be created.

The Veteran should be notified and provided with an opportunity to respond and submit such records.

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2. Readjudicate the appeals.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Lee

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.