Citation Nr: 21022789
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 16-58 971
DATE: April 19, 2021

ORDER

Entitlement to a clothing allowance for a left knee brace, for calendar year 2015, pursuant to 38 U.S.C. § 1162 is granted.

FINDING OF FACT

For calendar year 2015, the evidence of record demonstrates that the Veteran’s left brace tends to cause wear and tear to his clothing.

CONCLUSIONS OF LAW

The criteria for a clothing allowance for the 2015 calendar year for a left knee brace have been met.  38 U.S.C. §§ 1162, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.810.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1972 to February 1975.

The Veteran seeks a clothing allowance for the calendar year 2015, arguing that his left knee brace damages his clothing.  See Claim (August 28, 2015); VA Form 9 (October 31, 2016).  In an August 2015 decision, the Agency of Original Jurisdiction denied the Veteran’s claim.

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 provisions of 38 C.F.R. § 3.810(a) authorize a clothing allowance if 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 which tends to wear or tear clothing.  See 38 C.F.R. § 38 C.F.R. § 3.810(a)(1)(ii)(A).  More than one clothing allowance can be awarded if multiple types of garments are affected, or if a single type of clothing is subject to an increased rate of wear and tear due to more than one prosthetic or orthopedic appliance.  38 C.F.R. § 3.810(a)(2)-(3).

During the 2015 calendar year, the Veteran’s service-connected disabilities included total left knee replacement, left knee scar, and adjustment disorder and depressed mood associated with total left knee replacement.  See, e.g., Rating Decision Codesheet (October 2019).  VA Treatment Records demonstrate that the Veteran has been encouraged to wear a left lower leg brace, a valgus brace.  See, e.g., VA Orthopedic Consultation (May 1, 2017).  The Veteran has consistently asserted that his knee brace causes wear and tear to his clothing.  See, e.g., VA Form 9 (October 31, 2016).  He is competent to report that his left knee brace results in wear and tear to his clothing.  Moreover, the Board has no reason to doubt his credibility.  Thus, his report constitutes persuasive evidence in favor of his claim.

In light of the foregoing, and resolving reasonable doubt in favor of the Veteran, the Board finds that a grant of clothing allowance for the left knee brace during the 2015 calendar year is warranted.

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joshua R. Castillo, 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.