Citation Nr: 21042736 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 14-21 825 DATE: July 13, 2021 REMANDED Entitlement to an annual VA clothing allowance for the calendar year 2013 due to the use of a back brace is remanded. Entitlement to an annual VA clothing allowance for the calendar year 2013 due to the use of topical medication (ketoconazole and triamcinolone) is remanded. Entitlement to an annual VA clothing allowance for the calendar year 2013 due to the use of a transcutaneous electrical nerve stimulation (TENS) unit is remanded. Entitlement to an annual VA clothing allowance for the calendar year 2013 due to the use of arch supports is remanded. REASONS FOR REMAND At the outset, the Board will clarify the issue on appeal related to the Veteran's claim involving prescription medication. In his April 2013 claim he listed four medications. Two of the four medications were listed as salsalate and methocarbamol. VA treatment records clearly describe these medications as tablets that are ingested. As these are not topical medications, these were not referenced in the September 2013 denial are not for consideration on appeal. As such, the issue regarding the topical medication claim has been described as above in the title page. A review of the record shows that a remand is needed before the issues on appeal can be adjudicated. First, there are no statements in the file that describe how it is the Veteran's back brace, topical medication, arch supports, and TENS unit, caused damage to his clothing. On remand, efforts should be made to obtain detail and clarification from the Veteran as to what his specific contentions are related to his claims for clothing allowance for calendar year 2013. Second, although VA treatment records show that the Veteran reported that his back brace was wearing out and that a back brace was ordered in September 2013, there is nothing in the treatment records to provide an illustration as to the type of back brace worn in 2013. On remand, any outstanding VA treatment records, to include any statements that provide an accurate description of the back brace worn by the Veteran in 2013 should be associated with the file. Additionally, there are VA outstanding records. In the Veteran's October 2013 notice of disagreement, he describes a conversation he had on September 30, 2013 with Memphis VA medical center (VAMC). However, a review of the record does not show that a report of contact or any other similar document has been made part of the file. As such, on remand efforts should be made to locate this document associate it with the file. Also, clarification should be sought in order to determine what specific topical medication the Veteran uses to treat his service-connected tinea cruris of the bilateral thighs. 2013 VA treatment records show active prescriptions for ketoconazole 2% cream and triamcinolone 0.5% cream. On remand, the Agency of Original Jurisdiction (AOJ) should contact the Veteran to confirm which of these creams he used in 2013 to treat his service-connected skin disorder. As the matter is being remanded efforts should be made to obtain a copy of VA's List of Medications that May Stain or Damage Clothing. In addition, the notification of record is not in conformity with the Veterans Claims Assistance Act (VCAA) of 2000. The VCAA notice is incomplete as it only references three out of the four issues on appeal and does not provide information describing what needs to be shown in order to have successful claims under 38 C.F.R. § 3.810. Under the VCAA, when VA receives a complete or substantially complete application for benefits, it is required to notify the Veteran and his or her representative, if any, of any information and medical or lay evidence that is necessary to substantiate the claim. 38 U.S.C. § 5103(a), 38 C.F.R. § 3.159(b). The VAMC should send proper notice to the Veteran defining the criteria for clothing allowance claims pursuant to 38 U.S.C. § 1162 and 38 C.F.R. § 3.810. As the matters are being remanded, the Board encourages the Veteran to submit statements and any outstanding medical records pertinent to his claims and reminds the Veteran and his representative that the duty to assist is not a "one-way street." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Of note, the clothing claims for the use of the arch supports and for the use of the TENS unit might prove challenging for the Veteran in that he is not service connected for a foot disorder and there are no statements of record to describe how arch supports and TENS unit have caused damage to any of his outer garments. The Board recognizes that the according to the April 2013 claim, the Veteran contends that the arch supports (custom shoe insoles) he wears is due to his low back disability. However, there appears to be only one treatment record dated anywhere near 2013 that mentions arch supports. An April 2014 VA orthotic prosthetics consult note shows that he utilizes the arch supports for stabilization of his feet during stance and ambulation. The diagnosis associated with the use of the arch supports is stated as planter fascial fibromatosis. The matters are REMANDED for the following action: 1. Send the Veteran proper VCAA notice which includes an explanation as to what information or evidence is needed to substantiate his clothing allowance claims under 38 U.S.C. § 1162 and 38 C.F.R. § 3.810. 2. Contact the Veteran and his representative to request clarification as to how the use of the back brace, the application of topical medication, the use of arch supports, and the use of the TENS unit damaged his clothing in 2013. 3. Contact the Veteran and his representative to request clarification as to what prescribed topical medication(s) he uses to treat his service-connected tinea cruris of the bilateral thighs, specifically the medication used in 2013. 4. Invite the Veteran to submit any private treatment records and detailed statements to assist in his claims, to include any photographs of his back brace and arch supports. 5. Obtain and associate VA records dated in 2013 that illustrate treatment for the Veteran's service-connected disabilities. Specifically, efforts should be made to locate VA treatment records that describe the type of back brace, and the type of arch supports issued to the Veteran in 2013. 6. Obtain and associate with the file a copy of VA's List of Medications that May Stain or Damage Clothing, revised November 17, 2016. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Talamantes, 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.