Case A26040257

Summary

The Veteran, who served from May 1991 to December 1993, appeals the denial of a clothing allowance for calendar year 2021 for her left knee brace. The Veteran is service-connected for left knee total knee replacement residuals and was prescribed a hinged wrap brace in November 2017. The VA denied the 2021 clothing allowance, stating the brace was issued over four years prior and showed no record of repair or replacement, suggesting infrequent use. However, at a November 2024 Board hearing, the Veteran credibly testified that she wore the brace daily throughout 2021. She explained that the brace's straps would snag on her clothing, causing damage and wear and tear. The Board found this testimony persuasive, concluding that the brace did indeed cause wear and tear to her clothing. Therefore, the Board granted the clothing allowance for the 2021 calendar year.

Rationale

Veteran's credible testimony established daily use of brace; Brace straps caused wear and tear on clothing; Satisfied criteria for clothing allowance

Full Decision Text

Citation Nr: A26040257
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 210525-217884
DATE: April 29, 2026

ORDER

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

FINDING OF FACT

The evidence of record reflects the Veteran's left knee brace caused wear and tear of her clothing during calendar year 2021.

CONCLUSION OF LAW

The criteria for a clothing allowance for a left knee brace are met for calendar year 2021. 38 U.S.C. §§ 1162, 5107; 38 C.F.R. §§ 3.102, 3.810.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active-duty service from May 1991 to December 1993. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2021 letter of determination issued by the Department of Veterans Affairs (VA).

In the May 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on November 18, 2024. The hearing transcript is associated with the claims file. The Board may only consider the evidence of record at the time of the 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.

Entitlement to a clothing allowance for a left knee brace for calendar year 2021

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 (including a wheelchair) 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 two annual clothing allowances if a veteran uses more than one such prosthetic or orthopedic appliance, which together tend to wear or tear a single type of article of clothing and irreparably damage a type of outer garment at an increased rate of damage to the clothing or outer garment due to a second appliance. 38 C.F.R. § 3.810(a)(3)(ii).

The Veteran is service connected for left knee total knee replacement residuals. Records show that the Veteran was prescribed a small, hinged wrap brace in November 2017 for her service-connected left knee disability. She ordered a new knee orthotic in August 2021. 

The Veteran contends her left knee brace causes wear and tear to her clothing. The Veteran's claim for a 2021 clothing allowance was denied on the basis that the record showed that she was issued a knee brace more than 4 years ago. See Clothing Allowance File, received March 9, 2023, p. 3. There was no record of the device being repaired or replaced
38 C.F.R. § 3.810(a)(3)(ii).

The Veteran is service connected for left knee total knee replacement residuals. Records show that the Veteran was prescribed a small, hinged wrap brace in November 2017 for her service-connected left knee disability. She ordered a new knee orthotic in August 2021. 

The Veteran contends her left knee brace causes wear and tear to her clothing. The Veteran's claim for a 2021 clothing allowance was denied on the basis that the record showed that she was issued a knee brace more than 4 years ago. See Clothing Allowance File, received March 9, 2023, p. 3. There was no record of the device being repaired or replaced since she was issued a knee brace over 4 years prior. Normally, an appliance of that type, if worn with sufficient regularity would become worn and need repair or replacement after 3-4 years, which VHA noted indicated that the Veteran may not be using the device on a regular basis.

At her November 2024 Board hearing, the Veteran testified that during 2021 she wore her left knee brace every day. See November 2024 Board Hearing Transcript. Specifically, she testified that while the brace was worn and the brace's straps were coming loose, she still wore it daily. She explained that the brace had straps that would get caught, stuck, or snag on her clothing, causing damage and wear and tear to her clothes. The Board finds the Veteran's testimony to be credible. 

Based on the Veteran's testimony that she regularly wore her knee brace and her explanation of the wear and tear caused by the brace, the Board finds that her left knee brace caused wear or tear to her clothing. Thus, the Board finds that a clothing allowance is warranted for the 2021 calendar year for the Veteran's left knee brace.

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In sum, a clothing allowance for calendar year 2021 for a left knee brace is granted.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Schmidt

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.