Citation Nr: 21026950 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 13-13 855 DATE: May 4, 2021 ORDER Entitlement to a clothing allowance based on the use of left knee brace for 2018 is granted. Entitlement to a clothing allowance based on the use of left ankle brace for 2018 is granted. FINDINGS OF FACT 1. The evidence is at least in equipoise regarding whether the left knee brace worn by the Veteran in 2018 for a service-connected disability tended to wear and tear his clothing. 2. The evidence is at least in equipoise regarding whether the left ankle brace worn by the Veteran in 2018 for a service-connected disability tended to wear and tear his clothing. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance based on use of a left knee brace for the year 2018 have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for a clothing allowance based on use of a left ankle brace for the year 2018 have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1987 to September 1988. This claim was previously before the Board in December 2020, at which time the Board remanded it for additional development. The Veteran wrote in October 2018 that he had appealed the denial of clothing allowance claims for 2017 and had not received a response from the VA medical center (VAMC). He submitted a copy of a VA Form 9 (Appeal to the Board of Veterans' Appeals) and statement that were both dated in July 2017. It is not clear from the record whether these documents had previously been submitted, and if so whether they were timely. The issue of a clothing allowance for 2017 is therefore referred to the VAMC. 1. Entitlement to a clothing allowance based on the use of left knee brace for 2018 2. Entitlement to a clothing allowance based on the use of left ankle brace for 2018 The Veteran is seeking a clothing allowance for 2018 due to wearing braces for his service-connected left knee and left ankle that caused abnormal wear and tear on his clothing. A veteran who has a service-connected disability is entitled to an annual clothing allowance upon meeting certain eligibility requirements, including if the veteran, because of a service-connected disability or disabilities, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing. 38 C.F.R. § 3.810(a)(1). Further, a veteran is entitled to two annual clothing allowances if he or she uses more than one prosthetic or orthopedic appliance where each use satisfies the requirements of 38 C.F.R. § 3.810(a)(1) outlined above; and together tends to wear or tear a single type of article of clothing at an increased rate of damage to the clothing due to the second appliance. 38 C.F.R. § 3.810(a)(3). The Veteran is seeking clothing allowances based on the use of left knee and left ankle braces. It is noted that the statement that the Veteran submitted with the notice of disagreement in October 2018 indicates he was also seeking a clothing allowance for use of a right ankle brace. However, the August 2018 claim did not include a right ankle brace. Therefore, this issue is not part of the claim for clothing allowances for 2018. In addition, the claim for a clothing allowance based on the use of a back brace was not appealed in the notice of disagreement, and is not before the Board. It is also noted that the claim includes requests for two clothing allowances based on left knee and left ankle braces. Since the record does not indicate that a distinct article of clothing would be affected by a second brace for the left knee and left ankle, and a clothing allowance is being granted herein for use of left knee and left ankle braces, additional clothing allowance claims based on left knee and left ankle braces would be moot. See 38 C.F.R. § 3.810(a)(2). Therefore, the issues are as stated above. VA prosthetic records show that the Veteran has been issued a hinged knee brace and a laced ankle support. The Veteran wrote in a statement submitted in October 2018 that his knee braces stretched his pants, causing a bulge in the knee area. When he sat down the braces got stuck on his pants. He had to purchase large pants to accommodate the knee braces. The ankle brace prevented the Veteran from being able to wear regular shoes. He had to wear boots to cover the ankle brace and have support. The Board has carefully reviewed the evidence of record and upon further consideration, it finds that the evidence supports the award of a clothing allowance for the year 2018 for the Veteran's use of a left knee brace and left ankle brace. In this regard, the Veteran is considered to be competent to describe whether the braces cause irreparable damage to his clothing, inasmuch as such effect is readily observable by a lay person. Buchanan v. Nicholson, 451 F.3d 1331,1337 (Fed. Cir. 2006). The claims for a clothing allowance for 2018 based on the use of a left knee brace and left ankle brace is granted. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott Shoreman, 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.