Citation Nr: A25035786
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 210216-141462
DATE: April 17, 2025

REMANDED

Entitlement to a clothing allowance in calendar year 2021 for a back brace is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from June 1976 to June 1978.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2021 administrative decision issued by the VA Regional Office (RO). This administrative decision on appeal constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the February 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 May 2021 agency of original jurisdiction (AOJ) decision on appeal and 90 days following the receipt of the VA Form 10182. 38 C.F.R. § 20.302(a). If evidence was submitted during the period after the AOJ issued the decision on appeal, or 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 claim, 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 ALLOWANCE 

The Board finds that the AOJ committed a pre-decisional duty to assist error by failing to associate the complete Veteran's Veterans Health Administration (VHA) claims file pertaining to his claim for a clothing allowance in the calendar year 2021 for a back brace with the electronic record. 

Significantly, review of the available electronic record reveals the February 2021 VA Form 10182; however, all other relevant evidence has not been associated with the record. The record does not contain any other VHA records, nor does the record contain the decision on appeal. 

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 claim for a clothing allowance in the calendar year 2021 for a back brace, 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, VHA treatment records 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.

 

 

KRISTY L. ZADORA

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.