Case A26039949

Summary

The veteran, who served in the United States Army from August 1982 to March 1989, appeals the denial of clothing allowances for his right and left knee braces for the year 2021. The veteran has been service-connected for degenerative joint disease in both knees since 1995 and was issued bilateral knee braces in May 2014. While VHA denied the claim in May 2021, citing the age of the braces and lack of evidence of consistent wear or modifications, the veteran testified at a February 2025 Board hearing that he wore the metal knee braces in 2021, causing wear and tear to his sweatpants. He stated he was advised by a VA orthopedic doctor to continue wearing the braces and received a new pair the following year. The Board found the veteran's testimony credible, noting that he was competent to observe the damage to his clothing and that VA records indicated he was told to continue wearing the braces. The Board also noted that VHA had previously awarded clothing allowances for these braces from 2009 to 2020. Based on the veteran's credible testimony and the history of prior awards for the same braces, the Board found that the weight of the evidence supported the claim, granting two clothing allowances for the calendar year 2021.

Rationale

Veteran service-connected for right knee disability; Veteran uses knee brace for right knee disability; Veteran testified brace caused wear and tear to clothing in 2021; Veteran's testimony found credible

Full Decision Text

Citation Nr: A26039949
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 210824-218524
DATE: April 29, 2026

ORDER

Entitlement to a clothing allowance for the year of 2021 for a right knee brace is granted.

Entitlement to a clothing allowance for the year of 2021 for a left knee brace is granted.

FINDINGS OF FACT

1. The Veteran's right knee brace tended to cause wear or tear to his clothing in the 2021 calendar year.

2. The Veteran's left knee brace tended to cause wear or tear to his clothing in the 2021 calendar year.

CONCLUSIONS OF LAW

1. The criteria for a clothing allowance for the calendar year of 2021 due to the use of a right knee brace have been met.  38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810.

2. The criteria for a clothing allowance for the calendar year of 2021 due to the use of a left knee brace have 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 in the United States Army from August 1982 to March 1989.

The decision on appeal was issued in May 2021 by the Veterans Health Administration (VHA) and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  

In the August 24, 2021, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket.  A Board hearing was held on February 20, 2025.

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, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing.  38 C.F.R. § 20.302(a).  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, 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. 

Entitlement to a clothing allowance for the year of 2021 for a right knee brace is granted.

Entitlement to a clothing allowance for the year of 2021 for a left knee brace is granted.

The Veteran asserts that he is entitled to clothing allowances for the year of 2021 for right and left knee braces.

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, such as a wheelchair, which VA determines tends to wear out or tear the clothing or uses prescribed medication for a service-connected skin disability which causes irreparable damage to the outer garments.  38 U.S.C. § 1162.

Under 38 C.F.R. § 3.810, a veteran is found to be eligible for an annual clothing allowance when (i) A VA examination or VA medical report establishes that the veteran, because of a service-connected disability due to loss or loss of use of a hand or foot uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; (ii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; or (iii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, uses medication prescribed by a physician for a skin condition that causes irreparable damage to the veteran's outer garments.  38 C.F.R. § 3.
 examination or VA medical report establishes that the veteran, because of a service-connected disability due to loss or loss of use of a hand or foot uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; (ii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, wears or uses a qualifying prosthetic or orthopedic appliance which tends to wear or tear clothing; or (iii) The Under Secretary for Health or a designee certifies that a veteran, because of a service-connected disability, uses medication prescribed by a physician for a skin condition that causes irreparable damage to the veteran's outer garments.  38 C.F.R. § 3.810(a)(1).  When such determinations are appealed to the Board, the Board serves as the VHA's designee to adjudicate whether a clothing allowance is warranted.

A second clothing allowance is available for a single type of garment if a veteran uses more than one prosthetic or orthopedic appliance, medication for more than one skin condition, or an appliance and a medication, and the appliances or medications (i) satisfy the requirements of 38 C.F.R. § 3.810(a)(1); and (ii) together tend to wear or tear a single garment or irreparably damage a type of outer garment at an increased rate of damage to the clothing due to a second appliance or medication.  38 C.F.R. § 3.810(a)(3).

An additional clothing allowance is available for each prosthetic, orthopedic appliance, or medication used by a veteran if it (i) satisfies the requirements of 38 C.F.R. § 3.810(a)(1); and (ii) affects a distinct type of article of clothing or outer garment.  38 C.F.R. § 3.810(a)(2).

Analysis

In this case, the Veteran has been service-connected for degenerative joint disease of the right and left knees since 1995.  A May 2021 Clothing Allowance Award sheet reflects that the Veteran received a clothing allowance annually from 2009 through 2020.

VA prosthetics records reflect that the Veteran was issued right and left knee braces in May 2014.  A May 2020 VA Prosthetics record notes that the Veteran requested a refurbish kit to replace pads and straps.  It was noted that the knee brace had been discontinued.  A May 2020 VA Prosthetics record indicates that the Veteran was informed that a refurbish kit no longer existed for that particular knee brace, and he was instructed to come in to see what they could salvage or to take new measurements for a different type of knee brace.  The Veteran stated that he may pay to have someone salvage his knee brace.  A Prosthetics record noted that the Veteran qualified for DonJoy unloader braces for bilateral primary osteoarthritis of the knee.

In a May 2021 decision, VHA denied the claim for a clothing allowance for 2021 for a right and left knee brace because the items were too old to be considered for a clothing allowance, there was no evidence that the item was worn consistently, and no evidence of modifications, repairs or adjustments.  

At the February 2025 Board hearing, the Veteran testified that in 2021, he wore metal braces on the right and left knee that helped him walk.  He stated that he had wear and tear on his sweatpants from wearing the braces.  The Veteran testified that he was informed by a VA orthopedic doctor that he could keep wearing his knee braces until he got another pair.  He stated that he received a new pair of knee braces the following year.  The Veteran testified that he received a clothing allowance the next year.  The Veteran further testified that he had worn the knee braces in the same way since 2009.

Based on a full review of the evidence of record, the Board finds that the evidence supports an award of two clothing allowances in 2021 for right and left knee braces.  The Veteran is service-connected for right and left knee disabilities, and VA prosthetics records reflect that he wears knee braces for those disabilities.  At the February 2025 Board hearing, the Veteran testified that in 2021 he continued to wear the metal knee braces and that they caused wear and tear to his pants.  The Veteran is competent to observe damage caused to his clothing by the braces, and the Board finds no reason to doubt the Veteran's credibility in this matter.  See Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006).  VA prosthetics records also indicate that he was told to continue wearing his knee braces.  

VHA records also reflect that the Veteran was awarded clothing allowances for the knee braces from 200
 VA prosthetics records reflect that he wears knee braces for those disabilities.  At the February 2025 Board hearing, the Veteran testified that in 2021 he continued to wear the metal knee braces and that they caused wear and tear to his pants.  The Veteran is competent to observe damage caused to his clothing by the braces, and the Board finds no reason to doubt the Veteran's credibility in this matter.  See Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006).  VA prosthetics records also indicate that he was told to continue wearing his knee braces.  

VHA records also reflect that the Veteran was awarded clothing allowances for the knee braces from 2009 to 2020.  VA prosthetics records reflect that the Veteran received the metal braces worn in 2021 in 2014.  Therefore, he was previously awarded a clothing allowance for the same knee braces.  The age of a brace alone is not a reason for denying a clothing allowance claim, and the Veteran testified that he continued to wear the knee braces in 2021. 

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?

The Board finds that the weight of the evidence of record supports a finding that the Veteran's right and left knee braces caused wear and tear to his clothing in the year of 2021.  The Veteran's testimony regarding his braces and the wear and tear caused by the braces on his clothing is credible and persuasive.  As the Veteran's knee braces both affect the Veteran's pants, and together increase wear and tear of the pants, two clothing allowances, one for the right knee brace and one for the left knee brace, are warranted for the calendar year of 2021.  38 C.F.R. § 3.810(a)(3).  Accordingly, as the persuasive evidence of record supports the claims, annual clothing allowances for right and left knee braces for the calendar year of 2021 are granted.

 

 

Ann K. Minami

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Marenna, 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.