Citation Nr: 21040584 Decision Date: 07/06/21 Archive Date: 07/06/21 DOCKET NO. 11-05 477A DATE: July 6, 2021 ORDER Entitlement to a clothing allowance for 2010 based on the use of a left foot orthopedic boot is granted. Entitlement to a clothing allowance for 2010 based on the use of compression socks is denied. Entitlement to a clothing allowance for 2010 based on the use of a back brace is denied. Entitlement to a clothing allowance for 2010 based on the use of a TENS unit is denied. Entitlement to a clothing allowance for 2010 based on the use of a left knee brace is denied. Entitlement to a clothing allowance for 2010 based on the use of a right knee brace is denied. FINDINGS OF FACT 1. The evidence is at least in equipoise regarding whether a left foot orthopedic boot worn by the Veteran in 2010 for a service-connected disability tended to wear and tear his clothing. 2. The compression socks worn by the Veteran in 2010 did not tend to wear and tear his clothing and were not for treatment of a service-connected disability. 3. The back brace that the Veteran was issued was not for treatment of a service-connected disability. 4. The TENS unit that the Veteran was issued was not for treatment of a service-connected disability. 5. The left knee brace that the Veteran was issued was not for treatment of a service-connected disability. 6. The right knee brace that the Veteran was issued was not for treatment of a service-connected disability. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for 2010 based on the use of a left foot orthopedic boot have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for a clothing allowance for 2010 based on the use of compression socks have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 3. The criteria for a clothing allowance for 2010 based on the use of a back brace have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 4. The criteria for a clothing allowance for 2010 based on the use of a TENS unit have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 5. The criteria for a clothing allowance for 2010 based on the use of a left knee brace have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 6. The criteria for a clothing allowance for 2010 based on the use of a right knee brace have not been 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 service from September 1977 to September 1997. In May 2011 the Veteran testified before the undersigned Veterans Law Judge at a hearing held at the Board's central office in Washington, D.C. A transcript of that hearing has been associated with the claims file. This claim was previously before the Board in October 2012 and May 2015, at which time the Board remanded it for additional development. The requested development has been completed. See D'Aries v. Peake, 22 Vet. App. 97, 105 (2008) (holding that only substantial compliance with the terms of the Board's remand would be required, not strict compliance). 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). As of 2010, service connection was in effect for maxillary sinusitis with allergic rhinitis, bilateral degenerative arthritis of the feet with pes planovalgus deformity and degenerative changes to the big toes, dizziness and equilibrium problems associated with hypertension, hypertension, anemia, cardiomyopathy associated with hypertension, and erectile dysfunction. 1. Entitlement to a clothing allowance for 2010 based on the use of a left foot orthopedic boot The record shows that the Veteran underwent left foot surgery in September 2010 for a service-connected disability and subsequently needed to wear an orthopedic boot for the left foot. The Veteran wrote in March 2011 that the boot damaged two pairs of dress slacks. Giving the benefit of the doubt to the Veteran, the Board finds that the evidence supports the award of a clothing allowance for the year 2010 for the Veteran's use of a left foot orthopedic boot. In this regard, the Veteran is considered to be competent to describe whether the orthopedic boot causes 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 Board finds him credible in this regard, and finds that the boot tended to cause excess wear and tear on his pants. 2. Entitlement to a clothing allowance for 2010 based on the use of compression socks It appears from the record it appears that the Veteran used compression socks in 2010 for diabetes. Service connection is not in effect for diabetes. Even if the Veteran used compression socks for a service-connected disability, the record does not show that they caused damage to the Veteran's clothing. Finally, compression socks are an item of clothing rather than an orthopedic device, and a clothing allowance is only available for use of an orthopedic device or topical medication for a service-connected disability. For the foregoing reasons, a clothing allowance based on the use compression socks is denied. See 38 C.F.R. § 3.810(a). 3. Entitlement to a clothing allowance for 2010 based on the use of a back brace 4. Entitlement to a clothing allowance for 2010 based on the use of a TENS unit 5. Entitlement to a clothing allowance for 2010 based on the use of a left knee brace 6. Entitlement to a clothing allowance for 2010 based on the use of a right knee brace Service connection is not in effect for a back disability or a disability of either knee. Furthermore, the Veteran used a TENS unit due to back pain. The record does not show that the back brace, knee braces, or TENS unit were for service-connected disabilities. Therefore, the claims for a clothing allowance for the year 2010 for the use a back brace, left knee brace, right knee brace, and TENS unit must be denied. See 38 C.F.R. § 3.810(a)(1). DAVID L. WIGHT 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.