Citation Nr: 22017597 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 19-00 017A DATE: March 25, 2022 ORDER Entitlement to a clothing allowance for 2018 for the use of a left knee brace is granted. Entitlement to a clothing allowance for 2018 for the use of a right knee brace is granted. Entitlement to clothing allowance for 2018 for the use of topical medication is denied. FINDINGS OF FACT 1. The evidence is at least in equipoise regarding whether a left knee brace worn by the Veteran for a service-connected disability tends to wear and tear his clothing. 2. The evidence is at least in equipoise regarding whether a right knee brace worn by the Veteran for a service-connected disability tends to wear and tear his clothing. 3. The topical medication for which the Veteran is seeking a clothing allowance is to treat arthritis. CONCLUSIONS OF LAW 1. The criteria for a clothing allowance for 2018 for the use of a left knee brace 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 2018 for the use of a right knee brace have been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 3. The criteria for a clothing allowance for 2018 for the use of topical medication have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. § 3.810. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from September 1981 to September 1984. 1. Entitlement to a clothing allowance for 2018 for the use of a left knee brace 2. Entitlement to a clothing allowance for 2018 for the use of a right knee brace 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). Service connection is in effect for bilateral knee disabilities. The Veteran wrote on his July 2018 claim for a clothing allowance that he was seeking a clothing allowance based on use of topical medication for his back and knees. He wrote on the October 2018 notice of disagreement that he had been getting a clothing allowance for his knees that had been stopped. The Veteran wrote on the January 2019 substantive appeal that he wore two sets of knee braces that were soft and metal, and they were all issued by VA. The Veteran's representative wrote in December 2021 that the Veteran is seeking a clothing allowance based on the use of knee braces because of the wear and tear they cause to his clothing. The Board finds that claims for clothing allowances based on the use of knee braces were reasonably raised as part of the claim for a clothing allowance based on the use of topical medication. See Bailey v. Wilkie, 33 Vet. App. 188, 191 (2021). VA treatment and prosthetic records show that in November 2016 the Veteran was prescribed hinged knee sleeves for his knees. In February 2017 medial unloader braces were ordered for the Veteran's knees. Private treatment records from March 2017 state that the Veteran frequently wore regular and unloader knee braces. The Veteran submitted photographs in January 2019 that show him wearing braces over his pants. The Board has carefully reviewed the evidence of record and finds that the evidence supports the award of a clothing allowance for the year 2018 for the Veteran's use of back and knee braces. In this regard, the Veteran is competent to describe whether they cause irreparable damage to his clothing, inasmuch as such effect is readily observable by a lay person. See Buchanan v. Nicholson, 451 F.3d 1331,1337 (Fed. Cir. 2006). Since the knee braces together wear or tear a single type of article of clothing at an increased rate of damage to the clothing, an additional clothing allowance is warranted. See 38 C.F.R. § 3.810(a)(3). In summary, in the absence of significant evidence to the contrary, the Board finds that the evidence is at least in relative equipoise on the matter here at issue. Resolving all reasonable doubt in the Veteran's favor, the Board finds that the criteria for a clothing allowance for 2018 are met based on his use of knee braces for service-connected disabilities. 3. Entitlement to clothing allowance for 2018 for the use of topical medication A veteran who uses skin medication for a service-connected skin disability that causes irreparable damage to the clothing is eligible for a clothing allowance. 38 C.F.R. § 3.810(a)(1). The Veteran is seeking a clothing allowance based on the use of capsaicin cream and camphor menthol arctic cream for his knees, hands, and low back for pain relief. The record shows that the Veteran uses topical medication for arthritis. Since he does not use topical medication for a skin disability, the claim must unfortunately be denied. 38 C.F.R. § 3.810(a)(1). Because the evidence preponderates against the claim for a clothing allowance due to the use of topical medication, the benefit of the doubt doctrine is inapplicable, and the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 55-57 (1990). 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.