Citation Nr: 21074494 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 16-19 233A DATE: December 15, 2021 ORDER Entitlement for clothing allowance for a left knee brace, for symptoms related to service-connected left knee disability, for calendar year 2015, pursuant to 38 U.S.C. § 1162 is granted. FINDING OF FACT The Veteran is service connected for a left knee disability during the 2015 calendar year. CONCLUSION OF LAW The criteria for a clothing allowance for the 2015 calendar year for a left knee brace are met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Army from May 1986 to May 1990 and January 1991 to March 1991. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation Medal and Army Achievement Medal. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2015 letter of determination issued by the Department of Veterans Affairs (VA) Prosthetics Department. In July 2021, the Veteran appeared at a virtual hearing before the undersigned Veterans Law Judge (VLJ). The Veteran's representative was unable to attend the hearing, but the Veteran advised he wished to move forward with the hearing without his representative. A transcript of the hearing has been associated with the claims file. Clothing Allowance 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 which a physician has prescribed 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 implementing regulation, 38 C.F.R. § 3.810, provides, in pertinent part, that an annual clothing allowance may be granted when the Under Secretary for Health or a designee certifies that a Veteran, because of a service-connected disability or disabilities, wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing, or that a veteran uses medication prescribed by a physician for one skin condition, which is due to a service-connected disability, that causes irreparable damage to the Veteran's outer garments. 38 C.F.R. § 3.810 (a)(1)(ii). A Veteran is entitled to an annual clothing allowance for each such prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) or medication used by the veteran if each appliance or medication affects a distinct type of article of clothing or outergarment. 38 C.F.R. § 3.810 (a)(2). A Veteran is entitled to two annual clothing allowances if a veteran uses more than one such prosthetic or orthopedic appliance, which together tend to wear or tear a single type of article of clothing or irreparably damage a type of outergarment at an increased rate of damage to the clothing or outergarment due to a second appliance. 38 C.F.R. § 3.810 (a)(3). In denying the Veteran's claim for a clothing allowance for a left knee brace for the calendar year 2015, the agency of original jurisdiction (AOJ) concluded the Veteran's left knee brace was not medically indicated. The Veteran's VA treatment records reflect a history of left knee pain and use of a left knee brace for his instability. The Veteran's VA treatment records reflect in July 2015, the Veteran was seen in the VA prosthetics department. He was seeking a new left knee brace. The VA treatment notes reflect he had previously issued orthotics from a VA facility. The Veteran's left knee brace was a "Breg unloader KO" and was noted to be worn out. The VA orthotics department noted based on the Veteran's imaging report, he would only qualify for a "Corflex KO" left knee brace. The Veteran contends he is entitled to a clothing allowance for his left knee brace because of his service-connected left knee disability. The Veteran stated in correspondence his brace was prescribed by his VA doctor years ago and the brace helps him tremendously. He reports he falls often, and the brace helps prevent further damage. The Veteran reported he has wear and tear to his clothes from the brace. The Veteran testified at his July 2021 hearing that he has had a left knee brace for many years from his VA doctor. He testified his VA orthopedic doctor advised prosthetics the left knee brace was required and for the weakness and instability of the left knee. The Veteran stated he continues to wear the knee brace. Resolving reasonable doubt in the Veteran's favor, the Board finds that a clothing allowance for calendar year 2015 is warranted for the left knee brace. The Board notes the AOJ determined the left knee brace was not medically indicated. However, given the 2015 VA treatment records document a new left knee brace was provided to the Veteran and the Veteran reports the brace causes wear and tear to his clothing, the Board finds the criteria for entitlement to a clothing allowance for 2015 are met. Given the above, and resolving reasonable doubt in the Veteran's favor, the Board finds that a clothing allowance is warranted for the 2015 calendar year for the Veteran's left knee brace. Accordingly, a clothing allowance for calendar year 2015 is granted. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mouzakis, Jayme 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.