Citation Nr: A21017483
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 200116-61883
DATE: October 28, 2021

REMANDED

Entitlement to a clothing allowance due to right wrist brace for the benefit year 2019 is remanded.

REASONS FOR REMAND

The Veteran had active duty in the Army from March 1981 to June 1981, September 1990 to April 1991, and October 2003 to November 2003.  The issue is on appeal from a November 2019 notification issued by the Central Arkansas Veterans Healthcare System in North Little Rock, Arkansas.  Here, the Veteran's claim for a clothing allowance based on his use of a right wrist brace for benefit year 2019 was denied.

The Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) and selected the Direct Review docket in January 2021.  Although the Board of Veterans' Appeals (Board) regrets the additional delay, the below referenced claims are remanded to the Agency of Original Jurisdiction (AOJ) for additional evidentiary development.

Entitlement to a clothing allowance due to right wrist brace for benefit year 2019 is remanded

The Veteran seeks a clothing allowance due to use of a right wrist brace for benefit year 2019, stating that his right wrist brace causes damage to his clothing because of its metal hinges.  The AOJ denied the Veteran's claim stating that based on his application and the medical evidence, the Veteran's right wrist brace was not found to damage his clothing.

Upon review, the Board notes that the most current medical records in the Veteran's claims file are from September 2012 or seven years prior to the benefit year on appeal.  It is unclear as to whether the AOJ used more recent medical records when issuing its denial.  Without access to any updated medical records, the Board cannot properly review the claim.  This is a pre-decisional duty to assist error requiring remand under AMA.  Accordingly, the Board must remand for further records procurement so that a determination can made regarding entitlement to a clothing allowance for 2019 due to right wrist brace.  

The matters are REMANDED for the following action:

Obtain the Veteran's VA treatment records for the period from September 2012 to the Present.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.