Citation Nr: 22017744 Decision Date: 03/26/22 Archive Date: 03/26/22 DOCKET NO. 16-18 974A DATE: March 26, 2022 REMANDED Entitlement to a clothing allowance for 2015 for use of a back brace is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1967 to August 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 decision by a Department of Veterans Affairs Medical Center (VAMC) Prosthetics department. On his VA Form 9, the Veteran requested the opportunity to present testimony at a travel Board hearing. In February 2022 correspondence, the Veteran's representative indicated that the Veteran no longer desired a hearing, and withdrew the request for the hearing. Entitlement to a clothing allowance for 2015 for use of a back brace is remanded. 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 (including a wheelchair) which VA determines tends to wear out or tear the clothing of the veteran, or uses medication which a physician has prescribed for a skin condition which is due to a service-connected disability and VA determines causes irreparable damage to the veteran's outer garments. 38 U.S.C. § 1162. The implementing regulation, 38 C.F.R. § 3.810, provides, in pertinent part, that an annual clothing allowance may be granted when the Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability or disabilities, wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing, or that a veteran uses medication prescribed by a physician for one skin condition, which is due to a service-connected disability, that causes irreparable damage to the veteran's outer garments. 38 C.F.R. § 3.810(a)(1)(ii). When such determinations are appealed to the Board, the Board can serve as the VHA designee to adjudicate whether a clothing allowance is warranted. See 38 C.F.R. § 20.104(a). In the present case, during the year in question, 2015, the Veteran was in receipt of service connection benefits for degenerative joint disease of the lumbar spine. He claims entitlement to a clothing allowance for 2015 for use of a lumbar spine, metal back brace, asserting that he must purchase additional clothing based on wear and tear from the brace. While the Veteran's Veterans Health Administration file has been associated with the electronic claims file, review of the record does not reveal evidence demonstrating the precise model of the Veteran's back brace. In an August 2015 letter, the Veteran asserted that he was prescribed a "metal back brace" by a Dr. P. Johnson, an orthopedic specialist with Ortho AR. The April 2016 statement of the case indicates that the Veteran's "Metal Back Brace" is "made of soft flexible material" and is considered a softgood orthotic. While it states that an LSO corset was issued in July 2012, the Board is unable to locate treatment records in the file documenting such prescription, with details concerning the model of brace. On remand, the AOJ should take all necessary steps to obtain and associate records concerning issuance of the Veteran's back brace with the claims file. Additionally, as the Veteran asserted on his notice of disagreement that he had received clothing allowances in prior years for his back brace, any documentation pertaining to clothing allowances granted prior to 2015 should also be added to the record. If sufficient detail concerning the model/specifications of the brace cannot be determined from these records, an examination should be scheduled to allow the Veteran an opportunity to present the brace for evaluation. The matter is REMANDED for the following action: 1. Associate all documentation pertaining to the Veteran's asserted receipt of clothing allowances for a back brace prior to 2015 with the claims file, to include any records from the Prosthetics department concerning the precise model/specifications of the Veteran's lumbar support orthotic. 2. After obtaining any necessary information and authorization from the Veteran, request private treatment records from Ortho AR related to the prescription, issuance, and maintenance of his back brace. 3. After completing the above and associating all relevant records with the electronic record, conduct any further development deemed necessary (to potentially include an in-person evaluation of the Veteran's back brace, if the aforementioned development does not provide sufficient information concerning the Veteran's particular back brace) then readjudicate the Veteran's claim for a clothing allowance for 2015 due to use of a back brace. If the claim remains denied, issue the Veteran and his representative a supplemental statement of the case and allow them an opportunity to respond before returning the case to the Board for further appellate consideration, if in order. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Solomon, 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.