Citation Nr: 21012686 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 16-25 260 DATE: March 4, 2021 REMANDED Entitlement to an annual VA clothing allowance for the year 2015 due to the use of a back brace is remanded. Entitlement to an annual VA clothing allowance for the year 2015 due to the use of a skin medication (lidocaine 5% ointment) is remanded. REASONS FOR REMAND At the outset, the Board recognizes that in the July 2015 claim the Veteran appeared to attempt to request a clothing allowance for the calendar year of 2014, and possibly for 2013 and 2014. However, the VAMC read the application as claims for clothing allowance for the calendar year 2015. The Veteran has not contended error with the denial and has timely and properly appealed the claims. Therefore, the issues on appeal are properly before the Board. A review of the record shows that a remand is needed before the issues on appeal can be adjudicated. The Veteran contends that the back brace he wears as a result of his service-connected disabilities is very large and rubs on his shirts and wares them out quickly. He described the back brace as having two steel rods running vertically, measuring approximately 14 inches, going all the way to his waist, pinching and tearing his clothes. He also contends that the back brace causes excessive sweat and that his perspiration along with the ointment he uses to treat his service-connected disabilities stains his shirts and pants. VA treatment records show that the Veteran was issued a lumbar back brace in February 2013 and that the brace was one that needed to be laced up. A January 2015 VA record shows that the plan was to have the Veteran undergo a prosthetics consult for new lumbar brace with Velcro straps for ease of donning and doffing. It is not clear as to whether the Veteran ever had this consult in 2015 and it is unclear as to what back brace he actually was issued and wore during the calendar 2015. As stated above, he describes the back brace as very large with steel rods, but the record illustrates that back brace may have laces and or Velcro straps. Therefore, a remand is required in an effort to get an accurate description and understanding of the back brace worn by the Veteran in 2015. A July 2016 VA treatment record shows active prescriptions for lidocaine 4% top cream and for lidocaine 5% ointment. There are no records to reflect an active prescription for lidocaine in 2015 or in the immediate years prior to 2015. Additionally, it is not clear as to what specific disability or disabilities the Veteran contends, he treats with lidocaine. As such, on remand efforts should be made to obtain any outstanding VA treatments and to attempt to get clarification from the Veteran. Lastly, as the matter is being remanded efforts should be made to obtain a copy of the VA’s List of Medications that May Stain or Damage Clothing. The matters are REMANDED for the following action: 1. Contact the Veteran and his representative and request that he provide clarification as to whether he had an active prescription for lidocaine in 2015, what symptoms the lidocaine was prescribed to treat, and what disability or disabilities is the lidocaine used to treat. 2. Invite the Veteran to submit any private treatment records to assist in his claims, to include any photographs of his back brace. 3. Obtain and associate with the file any outstanding VA treatment records, to include records dated in 2015 that illustrate treatment for the Veteran’s service-connected disabilities. Specifically, efforts should be made to locate VA treatment records that describe the type of back brace issued to the Veteran as well as all active prescriptions for lidocaine. 4. Obtain and associate with the file copy of the VA’s List of Medications that May Stain or Damage Clothing, revised November 17, 2016. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Talamantes 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.