Citation Nr: A21008375 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 190503-13687 DATE: April 26, 2021 ORDER An annual clothing allowance for the 2018 calendar year for a right wrist brace is granted. An annual clothing allowance for the 2018 calendar year for a left wrist brace is granted. FINDINGS OF FACT 1. The Veteran’s right wrist brace, worn to treat a service-connected disability, for the 2018 calendar year, tended to wear out or tear his clothing. 2. The Veteran’s left wrist brace, worn to treat a service-connected disability, for the 2018 calendar year, tended to wear out or tear his clothing CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for the 2018 calendar year for a right wrist brace have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. § 3.810. 2. The criteria for a clothing allowance for the 2018 calendar year for a left wrist brace have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. § 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1984 to September 1988. This appeal is before the Board of Veterans’ Appeals (Board) from an April 2019 decision of a Department of Veterans Affairs (VA) Medical Center, which constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. See 38 C.F.R. § 3.2400(a)(1). In the April 2019 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction April 2019 (AOJ) decision on appeal, as well as any evidence submitted by the Veteran with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. 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 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 outergarment at an increased rate of damage to the clothing or outergarment due to a second appliance or medication. 38 C.F.R. § 3.810(a)(3). 1. An annual clothing allowance for the 2018 calendar year for a right wrist brace is granted. 2. An annual clothing allowance for the 2018 calendar year for a left wrist brace is granted. In June 2018, the Veteran filed a clothing allowance claim for braces of the right and left hands, used for sensory deficit associated with multiple sclerosis (MS). The Veteran is service-connected for MS, as well as sensory deficit of the right and left upper extremities secondary to MS, rated under 38 C.F.R. § 4.124a, Diagnostic Code 8516, for impairment of the ulnar nerve, affecting the wrist, fingers, and hand. As reflected in its April 2019 decision, the AOJ denied the Veteran’s claim for “Bilateral Wrist Braces” on the sole basis that it could not find evidence of a current prescription for these devices in the Veteran’s medical record. However, the most recent VA treatment records available prior to 2018 reflect that, in September 2013, the Veteran was noted to have had right hemiparesis and sensory loss/paresthesias secondary to multiple sclerosis with possible component of carpal tunnel syndrome on the left, and was noted to wear a wrist splint on the left. The Veteran, in an April 2019 statement, asserted having to wear bilateral wrist braces for his MS-related disability. An April 2019 VA note reflects issuance of a new wrist/hand splint. In view of the above and resolving reasonable doubt in the Veteran’s favor, the Board finds that, in 2018, he used bilateral wrist braces to treat his service-connected upper extremity disabilities. Moreover, wrist braces are specifically recognized by the Veterans Health Administration (VHA) as tending to wear and tear clothing. See VHA Handbook, 1173.15, “Clothing Allowance,” May 14, 2015 8.a (“Examples of items that tend to tear and wear clothing include: Prostheses, rigid braces, ankle/foot orthosis (AFO) with hooks, rigid AFO, manual wheelchairs without clothing guards, specialized wheelchairs with sliding board/sliding transfer functionalities, and wheelchairs with positioning and posturing adaptations, crutches, wrist braces, prosthesis, rigid orthotics, service dogs, colostomy or ileostomy, cervical braces”). Considering the above, and resolving reasonable doubt in the Veteran’s favor, the Board finds that his right and left wrist braces, for the 2018 calendar year, tended to wear out or tear his clothing. Accordingly, clothing allowances are warranted for the 2018 calendar year based on the Veteran’s use of wrist braces for his service-connected right and left upper extremity disabilities. See 38 U.S.C. § 5107. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Andrew Mack, 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.