Citation Nr: A25035985
Decision Date: 04/18/25	Archive Date: 04/18/25

DOCKET NO. 201102-453517
DATE:  April 18, 2025

ORDER

Entitlement to a clothing allowance in calendar year 2019 for a knee brace is dismissed. 

FINDING OF FACT

The Veteran was awarded entitlement to an annual clothing allowance for calendar year 2019 for a knee brace by an October 2020 administrative decision. 

CONCLUSION OF LAW

There being no justiciable case or controversy, the issue of entitlement to an annual clothing allowance for calendar year 2019 for a knee brace is dismissed. 38 U.S.C. § 7104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1983 to August 2004. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2019 administrative decision. 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 November 2020 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 December 2019 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran 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. 

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?

In an October 2020 administrative decision, the AOJ awarded entitlement to an annual clothing allowance for calendar year 2019 for a knee brace. Subsequently, the appeal for this benefit was certified to the Board. Because the benefit sought in this case has already been granted in its entirety and on the same basis that the Veteran claimed, the appeal must be considered moot. See Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991). Accordingly, there being no justiciable case or controversy, the issue of entitlement to an annual clothing allowance for calendar year 2019 for a knee brace is moot and must be dismissed. 38 U.S.C.       § 7104.

 

 

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.