Citation Nr: A25035121 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 221207-318506 DATE: April 16, 2025 ORDER Entitlement to a clothing allowance in calendar year 2022 for a back brace is denied. Entitlement to a clothing allowance in calendar year 2022 for a knee sleeve is denied. FINDINGS OF FACT 1. For the 2022 calendar year, the evidence of record does not reflect that the Veteran's back brace tended to wear out or tear his clothing. 2. For the 2022 calendar year, the evidence of record does not reflect that the Veteran's knee sleeve tended to wear out or tear his clothing. CONCLUSIONS OF LAW 1. The criteria for an annual VA clothing allowance for the 2022 calendar year for a back brace have not been met. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810. 2. The criteria for an annual VA clothing allowance for the 2022 calendar year for a knee sleeve 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 served on active duty from January 2000 to January 2020. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2022 administrative decision issued by the VA Regional Office (RO). This rating decision on appeal constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the December 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct review docket. Therefore, the Board may only consider the evidence of record at the time of the May 2020 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.302(a). If evidence was submitted during the period after the AOJ issued the decision on appeal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. CLOTHING ALLOWANCES The Veteran seeks entitlement to clothing allowances for the calendar year of 2022 due to the use of a back brace and knee sleeve. Specific argument in support of this appeal has not been provided. I. Pertinent Legal Criteria 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 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. One annual clothing allowance per year is payable in a lump sum, when the following eligibility criteria are satisfied: (1) A VA examination or examination report from a private physician as specified in 38 C.F.R. § 3.326(c) discloses that the veteran wears or uses certain prosthetic or orthopedic appliances which tend to wear or tear clothing (including a wheelchair) because of such service-connected disability or disabilities and such service-connected disability is the loss or loss of use of a hand or foot compensable at a rate specified in 38 C.F.R. § 3.350 (a), (b), (c), (d), or (f); or (2) The Undersecretary for Health or a designee certifies that, because of such service-connected disability or disabilities, a prosthetic or orthopedic appliance is worn or used which tends to wear or tear the veteran's clothing, or that because of the use of a physician-prescribed medication for a skin condition that is due to the service-connected disability or disabilities, irreparable damage is done to the veteran's outer garments. 38 U.S.C. § 1162; 38 C.F.R. § 3.810(a). A veteran is entitled to an annual clothing allowance for each such prosthetic or orthopedic appliance or medication used by the veteran if each appliance or medication affects a distinct type of article of clothing or outer garment. 38 C.F.R. § 3.810(a)(2). A veteran is entitled to two annual clothing allowances if a veteran uses more than one such prosthetic or orthopedic appliance, (including, but not limited to, a wheelchair), medication for more than one skin condition, or an appliance and a medication, and the appliance(s) or medication(s) together tend to wear or tear a single type of article of clothing or irreparably damage a type of outer garment at an increased rate of damage to the clothing or outer garment due to a second appliance or medication. 38 C.F.R. § 3.810(a)(3). Applicable 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 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 ; 38 C.F.R. § 3.810. More than one clothing allowance may be paid for appliances that satisfy the above if each appliance affects a distinct type of article of clothing or outer garment. Two clothing allowances may be paid when a single type of garment is affected if each appliance satisfies the above criteria and the appliances together tend to wear or tear a single type of article of clothing or irreparably damage a type of outer garment at an increased rate of damage to the clothing or outer garment due to a second appliance or medication. 38 C.F.R. § 3.810(a). In addressing instances in which two or more clothing allowances are warranted, the regulation provides that a veteran is entitled to an annual clothing allowance for each prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) or medication used by the veteran if each appliance or medication satisfies the requirements of 38 C.F.R. § 3.810(a)(1) and affects a distinct type of article of clothing or outer garment. 38 C.F.R. § 3.810(a)(2). Further, a veteran is entitled to two annual clothing allowances if he or she uses more than one prosthetic or orthopedic appliance, including a wheelchair, and an appliance and a medication, 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). Certain clothing allowance claims require a determination by a VHA Prosthetic Representative or designated physician when a review of the record is necessary. In all cases where a review is determined to be necessary, the Prosthetic Representative and/or designated physician must determine that: (1) Use of the device or skin medication is medically prescribed; and (2) In the case of a device, such device qualifies as a prosthetic or orthopedic appliance; (3) The device or skin medication tends to wear out, tear, or cause irreparable damage to the veteran's clothing; and (4) The veteran actually uses the device or skin medication with sufficient consistency to wear out, tear, or cause irreparable damage to clothing. See VHA Handbook 1173.15, § 3(b)(c). II. Analysis The Veteran is service connected for posttraumatic stress disorder (PTSD), right shoulder acute tendonitis, left shoulder strain, lumbosacral strain with degenerative arthritis and dextroscoliosis, degenerative arthritis and scoliosis of the cervical spine, left knee patellofemoral pain syndrome, plantar fasciitis, benign paroxysmal positional vertigo, tinnitus, lock jaw, left lower extremity radiculopathy, right lower extremity radiculopathy, gastroesophageal reflux disease (GERD), seasonal allergic rhinitis with acute sinusitis, acute bronchitis, kidney stone, erectile dysfunction, eczema, and migraine headaches. The November 2022 Veterans Health Administration (VHA) denial letter stated that the Veteran's applications for clothing allowances were denied because the Veteran's back brace and/or knee sleeve did not cause irreparable damage to the outer garment. First, a claim must be filed for a clothing allowance to be adjudicated for the calendar year requested. Second, 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 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. For the 2022 clothing allowance claims, the claims must be denied. There is insufficient evidence of record to warrant clothing allowances for 2022 for the Veteran's back brace and knee sleeve. The evidence of record, including any statements from the Veteran, is silent as to whether the back brace and/or the knee sleeve cause wear and tear to his clothing. As noted in the legal framework section, the key to the award of a clothing allowance is not simply the question of whether the veteran has been prescribed a brace or how often it is used; a clothing allowance is awarded instead when the use of such a brace results in the wearing or tearing of clothes. 38 C.F.R. § 3.810. The evidence here simply does not reflect that the Veteran's use a back brace and/or knee sleeve result in such damage, precluding the award of clothing allowances for calendar year 2022. Therefore, the Board finds that entitlement to annual clothing allowances for the 2022 calendar year for a back brace and knee sleeve is not warranted. The Board is sympathetic to the Veteran's claim and medical conditions and regrets that a favorable disposition cannot be granted, but the Board is bound by applicable law and regulations. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). Accordingly, the appeals for entitlement to a clothing allowance for a back brace and knee sleeve for calendar year 2022 is denied. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, 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.