Citation Nr: 21067328 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 17-50 043A DATE: November 3, 2021 REMANDED Entitlement to an annual clothing allowance for the 2017 calendar year for a right knee brace is remanded. Entitlement to an annual clothing allowance for the 2017 calendar year for a left knee brace is remanded. REASONS FOR REMAND The Veteran had active duty in the Navy from July 1988 to July 1990. Briefly reviewing the procedural history, the Board of Veterans' Appeals (Board) denied entitlement to an annual clothing allowance for the 2017 calendar year for the claimed devices of bilateral knee braces, back brace, and shoe inserts in April 2019. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In July 2020, a Joint Motion for Remand (JMR) was issued and the claim for entitlement to a clothing allowance for calendar year 2017 for bilateral knee braces was remanded back to the Board. As there was no issue with denial of entitlement to clothing allowance for a back brace or shoe inserts, the Board will not further address these issues. Subsequently, the Board remanded entitlement for an annual clothing allowance for 2017 for bilateral knee braces in January 2021 for additional development and adjudication. As the remand directives issued in the January 2021 remand were not substantially complied with, another remand is warranted. Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to an annual clothing allowance for the 2017 calendar year for a right knee brace is remanded. 2. Entitlement to an annual clothing allowance for the 2017 calendar year for a left knee brace is remanded. In previous denials from the Agency of Original Jurisdiction (AOJ) and the Board, annual clothing allowance for 2017 for bilateral knee braces were denied as the Veteran was not yet service-connected for any left or right knee disabilities. The Board granted service connection for bilateral knee disabilities in a July 2019 decision and the regional office (RO) executed the service connection grant in a July 2020 rating decision. Therefore, in the July 2021 remand, the Board instructed the AOJ to readjudicate the Veteran's clothing allowance claim for bilateral knee braces in light of his service connection awards for bilateral knee disabilities. Additionally, the Board instructed the AOJ to reconstruct the record and upload all documentation related to the appeals to the electronic claims file. The Board notes that neither of these instructions were followed and thus, a remand is necessary and warranted. Stegall, 11 Vet. App. at 271. On remand, the AOJ must readjudicate the Veteran's clothing allowance claim for bilateral knee braces for calendar year 2017 and the electronic claims file must be reconstructed with relevant documentation and evidence, including any decisions from the AOJ or documents submitted by the Veteran. If such records are unable to be located, the AOJ should make a formal finding of unavailability. The matters are REMANDED for the following action: 1. Reconstruct the record and 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. If such records are unable to be associated with the record, make a formal finding of unavailability. 2. Readjudicate the claims on appeal considering the award of service connection for right and left knee disabilities. If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran. 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.