Citation Nr: 21077108 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-48 089A DATE: December 28, 2021 REMANDED Entitlement to one annual clothing allowance for 2017 for left knee brace is remanded. Entitlement to one annual clothing allowance for 2017 for right knee brace is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from January 1992 to October 1994, with additional service in the United States Army National Guard. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 decision by a Department of Veterans Affairs (VA) Medical Center (VAMC). The Veteran previously requested and was scheduled to appear at a Board videoconference hearing in October 2021, but he did not report to the hearing. As he has not provided an explanation for not appearing at the hearing and has not otherwise requested that it be rescheduled, his request is deemed withdrawn. 1. Entitlement to one annual clothing allowance for 2017 for left knee brace is remanded. 2. Entitlement to one annual clothing allowance for 2017 for right knee brace is remanded. The Veteran asserts that he is entitled to two annual clothing allowances for the year 2017: one for a left knee brace, used to treat his service-connected chondromalacia left knee, postoperative arthroscopic debridement with resection of plica, and one for a right knee brace, used to treat his service-connected postoperative residuals, disability right knee injury. The record demonstrates that he previously received clothing allowances for these prosthetics in 2015 and 2016, and has since been granted clothing allowances every year since 2018. The Agency of Original Jurisdiction originally denied the claim on the basis that there had been no evaluation, replacement, adjustment, or repair of his braces since they were initially issued in April 2013. After the Veteran submitted a notice of disagreement, he was evaluated by the VA prosthetics-orthotic lab in August 2017. The VA orthotist noted that the Veteran's braces had little wear, and the Veteran did not know how to don them correctly. He also noted that there were no markings on the Veteran's legs from wearing the braces, despite them being tight on his legs. It was advised that the Veteran return to his provider for a new consult to replace the braces. The record currently contains no documentation as to the frequency with which the Veteran wore his braces in 2017. While a VA treatment record from June 2016 includes a notation indicating that the Veteran should continue using his bilateral knee braces, VA treatment records from 2017 make no mention of the braces. The Veteran has also not made any lay assertions as to his use of the braces during the relevant period being considered. However, the Board notes that the record only includes VA treatment records up to May 2017. On remand, updated records of VA treatment should be associated with the claims file in order to assist the adjudicator in determining whether the Veteran can be considered to have been regularly using the knee braces in 2017, as they have been previously found to be of a type that tends to wear and tear clothing. The matters are REMANDED for the following action: 1. Obtain the Veteran's outstanding VA treatment records, specifically including those since May 2017, and associate them with the claims file. 2. Request clarification from the Veteran as to whether and with what frequency he was using his left and right knee braces in 2017. 3. After completing the above, readjudicate the issues on appeal in light of the expanded record. If any of the benefits sought remain denied, issue the Veteran and his representative a supplemental statement of the case and allow them an opportunity to respond before returning the case to the Board, if in order. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Solomon, 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.