Citation Nr: A21018159 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 190913-34350 DATE: November 12, 2021 ORDER Entitlement to a clothing allowance for the year 2019 for the use of a back brace is denied. Entitlement to a clothing allowance for the year 2019 for the use of night splints is denied. FINDINGS OF FACT 1. The Veteran's back brace was not shown to cause abnormal wear and tear to his clothing during 2019. 2. The Veteran's night splints were not shown to cause abnormal wear and tear to his clothing during 2019. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for the year 2019 for the use of a back brace have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. § 3.810. 2. The criteria for a clothing allowance for the year 2019 for the use of night splints have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. § 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1981 to May 1984. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2019 decision of the Department of Veterans Affairs (VA) Medical Center. Entitlement to a clothing allowance for the year 2019 for the use of a back brace. Entitlement to a clothing allowance for the year 2019 for the use of night splints. The Veteran is seeking a clothing allowance for 2019 due to wearing a brace for his back disability and night splints for his shin splints disability that is provided when such devices cause abnormal wear and tear on clothing. A veteran who has a service-connected disability is entitled to an annual clothing allowance upon meeting certain eligibility requirements, including if the veteran, because of a service-connected disability or disabilities, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing. 38 C.F.R. § 3.810(a)(1). Further, a veteran is entitled to two annual clothing allowances if he or she uses more than one prosthetic or orthopedic appliance where each use satisfies the requirements of 38 C.F.R. § 3.810(a)(1) outlined above; and affects a distinct type of article of clothing or outer garment. 38 C.F.R. § 3.810(a)(2). VA prosthetic records show that in July 2019 the Veteran was issued a soft covered brace for his back. Further records show that in September 2017 the Veteran was issued bilateral night splints for his shin splint disability. The Veteran did not submit any statements or evidence regarding the braces causing abnormal wear and tear to his clothing. Further, the agency of original jurisdiction noted that the devices were not of the type that would normally cause abnormal wear and tear to clothing. The preponderance of the evidence is against a showing that during 2019, the Veteran's back brace or night splints tended to cause abnormal wear and tear on his clothing. Notably, the record is devoid of any evidence that the back brace or night splints caused any abnormal wear and tear to the Veteran's clothing during 2019. Because the evidence preponderates against the claims of a clothing allowance for 2019 based on the use of a back brace and night splints, the benefit of the doubt doctrine is inapplicable, and the claims must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 55-57 (1990). MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, Associate 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.