Citation Nr: A25035222 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 210825-180756 DATE: April 16, 2025 REMANDED Entitlement to a clothing allowance in calendar year 2021 for a knee brace is remanded. Entitlement to a clothing allowance in calendar year 2021 for Diclofenac Sodium Gel is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1978 to December 1982, and February 1986 to October 2015. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2021 administrative decision issued by the VA Regional Office (RO). This decision on appeal constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the August 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence submission docket. Therefore, the Board may only consider the evidence of record at the time of the July 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days following the receipt of the VA Form 10182. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal, or (2) more than 90 days following the receipt of the VA Form 10182, 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 FOR CALENDAR YEAR 2021 The Board finds that the AOJ committed a pre-decisional duty to assist error by failing to associate the Veteran's Veterans Health Administration (VHA) claims file pertaining to his claims for clothing allowances in the calendar year 2021 for a knee brace and Diclofenac Sodium Gel with the electronic record. Significantly, review of the available electronic record reveals the August 2021 VA Form 10182 and lay statements; however, all other relevant evidence has not been associated with the record. The record does not contain the July 2021 administrative decision on appeal nor any other VHA records. The Board finds that remand to obtain and associate with the electronic record, the Veteran's complete VHA claims file, including any VHA file evidence, to include VA treatment records, relevant private treatment and medical bills, AOJ decision(s), claim(s) for reimbursement, and any statement(s) from the Veteran are necessary to determine whether the claims for clothing allowances in the calendar year 2021 for a knee brace and Diclofenac Sodium Gel, is warranted. The AOJ's failure to obtain the VHA records is a pre-decisional duty to assist error that necessitates a remand for development. The matters are REMANDED for the following action: 1. The AOJ must reconstruct the Veteran's VHA claims file and associate it with the electronic record, to include obtaining any outstanding VHA file evidence, including any VA treatment records, relevant private treatment records and medical bills, AOJ decision(s), claim(s) for reimbursement, and any statement(s) from the Veteran. In particular, the July 2021 AOJ decision cited in the Veteran's August 2021 VA Form 10182 for 2021 clothing allowances should be associated with the claims file. 2. The AOJ should make a formal finding of unavailability if the records are unable to be obtained. A. S. CARACCIOLO 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.