Citation Nr: 21023265 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 14-23 196 DATE: April 20, 2021 ORDER 1. Entitlement for clothing allowance for a left knee brace, for symptoms of a left knee disability for calendar year 2013 is denied. 2. Entitlement for clothing allowance for a right knee brace, for symptoms of a right knee disability for calendar year 2013 is denied. 3. Entitlement for clothing allowance for a wheelchair, for symptoms of a lumbar spine disability for calendar year 2013 is denied. FINDINGS OF FACT 1. The Veteran is not service connected for a left knee disability during the 2013 calendar year. 2. The Veteran is not service connected for a right knee disability during the 2013 calendar year. 3. The Veteran is not service connected for a lumbar spine disability during the 2013 calendar year. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for the 2013 calendar year for a left knee brace are not met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for a clothing allowance for the 2013 calendar year for a right knee brace are not met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 3. The criteria for a clothing allowance for the 2013 calendar year for a wheelchair are not met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from August 1974 to August 1976. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 letter of determination issued by the Department of Veterans Affairs (VA). In October 2020, the Veteran appeared at a virtual hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the electronic 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. One annual clothing allowance per year is payable in a lump sum, when the following eligibility criteria are satisfied: (1) A VA examination or examination report from a private physician as specified in 38 C.F.R. § 3.326(c) discloses that the veteran wears or uses certain prosthetic or orthopedic appliances which tend to wear or tear clothing (including a wheelchair) because of such service-connected disability or disabilities and such service-connected disability is the loss or loss of use of a hand or foot compensable at a rate specified in 38 C.F.R. § 3.350(a), (b), (c), (d), or (f); or (2) The Undersecretary for Health or a designee certifies that, because of such service-connected disability or disabilities, a prosthetic or orthopedic appliance is worn or used which tends to wear or tear the veteran’s clothing, or that because of the use of a physician-prescribed medication for a skin condition that is due to the service-connected disability or disabilities, irreparable damage is done to the Veteran’s outer garments. 38 U.S.C. § 1162; 38 C.F.R. § 3.810(a). 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 outer garment. 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, (including, but not limited to, a wheelchair), medication for more than one skin condition, or an appliance and a medication, and the appliance(s) or medication(s) together tend to wear or tear a single type of article of clothing or irreparably damage a type of outer garment at an increased rate of damage to the clothing or outer garment due to a second appliance or medication. 38 C.F.R. § 3.810(a)(3). In determining whether a clothing allowance is warranted, the Board shall consider the benefit-of-the-doubt doctrine. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1991). 1. Entitlement for clothing allowance for a left knee brace, for symptoms of a left knee disability for calendar year 2013. 2. Entitlement for clothing allowance for a right knee brace, for symptoms of a right knee disability for calendar year 2013. 3. Entitlement for clothing allowance for a wheelchair, for symptoms of a lumbar spine disability for calendar year 2013. The Veteran seeks an annual VA clothing allowance for 2013. The Veteran filed a claim for a clothing allowance for a left and right knee brace, which he utilizes for symptoms of a left and right knee disability, and a wheelchair, which he utilizes for a lumbar spine disability. See Application for Clothing Allowance, dated February 2013. As stated above, in relevant part, applicable 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; 38 C.F.R. § 3.810. In this case, service connection is not in effect for a left knee disability, right knee disability, or a lumbar spine disability during the 2013 calendar year. See December 2018 Rating Decision Codesheet. Though the Veteran appealed the issue of service connection for a lumbar spine disability to the Board, and provided evidence in support of this claim at the October 2020 hearing, service connection was denied by the Board in a February 2021 decision. Moreover, service connection for the Veteran’s right knee disability is currently the subject of a February 2021 Board remand. However, such claim is on appeal from a September 2016 application to reopen his claim for entitlement to service connection for a right knee disability. Thus, even if the Veteran was granted service connection for the right knee during the current appeal, the effective date would not be before September 2016. Upon review, the Board finds an annual clothing allowance for the 2013 calendar year due to use of a left and right knee brace and wheelchair is not warranted. In this regard, the claim must be denied because he does not have a service-connected disability warranting the use of a qualifying knee brace or wheelchair. The requirements to establish entitlement to an annual clothing allowance have not been met. The Board is grateful to the Veteran for his honorable service and regrets that a favorable disposition cannot be granted, as the Board is bound by applicable law and regulations. The appeal is denied. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brennae L. Brooks, 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.