Citation Nr: 21032813 Decision Date: 05/28/21 Archive Date: 05/28/21 DOCKET NO. 14-24 141A DATE: May 28, 2021 ORDER A clothing allowance for a back brace for the year 2013, is granted. A clothing allowance for bilateral knee braces for the year 2013, is denied. FINDINGS OF FACT 1. For the year 2013, the Veteran's service-connected lumbar spine disability caused wear to his upper body garments. 2. For the year 2013, the Veteran's service-connected bilateral knee disabilities did not require the wearing of knee braces. CONCLUSIONS OF LAW 1. The criteria for entitlement to a clothing allowance for a back brace for the year 2013 have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for entitlement to a clothing allowance for bilateral knee braces for the year 2013, is denied. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The issues come to the Board of Veterans' Appeals (Board) from an August 2013 decision of the Agency of Original Jurisdiction (AOJ). In February 2019, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ), a transcript of which is of record. In December 2020, the Board remanded the matter to secure the paper claims file. The ordered development has been completed and the matter returned to the Board. The Veteran has requested a 2013 annual clothing allowance for bilateral knee braces and a back brace, both of which he contends are for treatment of his service-connected disabilities. Following a review of the pertinent evidence of record, the requested entitlement to an annual clothing allowance for the year 2013 is warranted in part, insofar as the wear caused by the lumbar corset is concerned, and not warranted for any additional benefit, insofar as the knee braces are concerned. 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, such as a wheelchair, which VA determines tends to wear out or tear the clothing, or uses prescribed medication for a service-connected skin disability which causes irreparable damage to the outer garments. 38 U.S.C. § 1162. Under 38 C.F.R. § 3.810, a veteran is eligible for an annual clothing allowance when (i) A VA examination or VA medical report establishes that the veteran, because of a service-connected disability due to loss or loss of use of a hand or foot uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; (ii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; or (iii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, uses medication prescribed by a physician for a skin condition that causes irreparable damage to the veteran's outer garments. 38 C.F.R. § 3.810(a)(1). When such determinations are appealed to the Board, the Board can serve as the VHA designee to adjudicate whether a clothing allowance is warranted. An additional clothing allowance is available for each prosthetic, orthopedic appliance, or medication used by a veteran if it (i) satisfies the requirements of 38 C.F.R. § 3.810(a)(1); and (ii) affects a distinct type of article of clothing or outer garment. See 38 C.F.R. § 3.810(a)(2). An April 2010 VA examination of the lumbar support reflects that the Veteran used a lumbar corset, and he credibly testified that such caused wear and tear to his clothing. The Veteran, as a lay person, is aware of the effects on his clothing caused by his lumbar support, as this is an observable consequence of the lumbar corset. He is therefore competent to report seeing wear and tear on his shirt. See Layno v. Brown, 6 Vet. App. 465, 469 (1994) (noting competent lay evidence requires facts perceived through the use of the five senses). As such, the evidence weighs in the Veteran's favor on this point and a VA clothing allowance is accordingly awarded for the back brace for the year 2013. Additional clothing allowances for the year 2013 are not warranted because the Veteran's knee braces are not shown in the record to be used as a result of a service-connected knee disability. While the Veteran's bilateral lower extremity radiculopathy is service connected with each extremity evaluated at 10 percent, there is no evidence of record suggesting that such radiculopathy causes knee instability or that braces have been prescribed for such. See April 2010 VA examination. To the extent the Veteran asserts his knee disabilities and/or service-connected bilateral lower extremity radiculopathy warrants the wearing of knee braces, the Veteran has not provided competent evidence of such a connection, and the Veteran is not considered competent to provide a medical opinion on the etiology or causation of any knee problems that may warrant the wearing of braces. Because the disabilities upon which a clothing allowance is based must already be service-connected, and the evidence does not establish that the bilateral knee braces are required for any service-connected disability, the claim for additional clothing allowance(s) as related to the bilateral knee braces must be denied. (Continued on the next page) All doubt in this case has been resolved in the partial grant of the benefit sought on appeal. With regard to the additional benefit denied, there is no doubt to resolve. L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. C. KING 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.