Dav Says Multiple Clothing Allowance Only For Multiple Amputees

[Teac]

This is the DAv's take on multiple clothing allowances....

http://www.dav.org/news/NewsArticle.aspx?ID=103

As usual they seem to have a double standard

[LarryJ]

Teac, I'm sorry, but I don't understand the problem that you apparently do.

The DAV took the VA to court, to get a double clothing allowance for a vet with multiple amputations. They were, obviously, claiming that, if you have more than one, for example, amputation and wear more than one prothesis, say, one on your missing leg and one on your missing arm, that your wear and tear on your clothing is going to be greater than if you only had one prothesis.

I agree, and think that anyone that gave more than ONE appendage to this country oughta have ample clothing, provided by the VA and the taxpayers.

Your take on this is what? Maybe I'm missing something here.

[Teac]

Larry,

If you read the entire court decision, multiple clothing allowances are available for any veteran who has more than one medical issues that seperately would qualify for a clothing allowance. The DAV's article makes is seem as if it only apples to veterans that had double and triple amputations. And it addition is states if the va appeals and wins, amputees would still qualify. To me the DAV's article makes no sense.

For example I have loss of use of my left foot, and use an AFO for dropfoot....this qualifies me for a clothing allowance.

I also use a wheelchair due to a back injury and lung disease.... this aside from the dropfoot would qualify me for a clothing allowance. I have no amputations, and other than the court decision acknowledging the veteran in the case was a triple amputee no mention was made that in order to qualify you had to be an amputee. According to the DAV's take on the subject I do not qualify for multiple clothing allowances, but the language of the decision leads me to beleive I do, and other veterans would too. I have posted the language of the court below....

In relevant part, the statute provides for "a clothing allowance" for "each veteran" who, "because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran." 38 U.S.C. § 1162. The key to clearly understanding the statute is the connection between the phrases "a clothing allowance" (setting out the benefit) and "a prosthetic or orthopedic appliance" (setting out the qualification for the benefit). This language is not a limitation, and does not expressly limit the veteran to a single clothing allowance. Instead, by linking receipt of the benefit to a single qualifying appliance, Congress recognized that multiple appliances might allow the award of multiple benefits.4

Because the statute speaks in mandatory language, the Secretary is in fact required to pay multiple clothing allowances to a veteran who, as determined under the Secretary’s regulations, uses multiple qualifying appliances. 38 U.S.C. § 1162 ("The Secretary . . . shall pay a clothing allowance" upon determining that the veteran qualifies

I hope this answers your question.....

Edited June 5, 2009 by Teac

[Teac]

I contacted the DAV on line, and received a written letter by mail.

The letter is from the Houston DAV Regional office. A Dianne Vela NSO (trainee) states that that multiple clothing allowances only apply to veterans that have double or triple amputees. I tried to speak with her but wouldn't you know it the DAV shut down this week for a convention. I also called the PVA, but they don't know anything about this court ruling. I hope to get some more information on Monday. I know the DAV is wrong because I read English and there is nothing in the court ruling that states this is only for veterans with multiple amputees.

[jbasser]

Nothing has changed except for the fact that multipule amputees can now receive double clothing allowances. Your Rep is full of it.

putting wrong information in writing is a no win situation and makes this lady and her organixation liable for their wrong information. The Clothing allowance is issued to entitled vets as stated in the 38.CFR and has not changed in general.

J

[Teac]

Nothing has changed except for the fact that multipule amputees can now receive double clothing allowances. Your Rep is full of it.

putting wrong information in writing is a no win situation and makes this lady and her organixation liable for their wrong information. The Clothing allowance is issued to entitled vets as stated in the 38.CFR and has not changed in general.

J

Are you agreeing with me or did you miss type? either the DAV rep is full of it ( which I agree), or all veterans may qualify for multiple clothing allowances depending on the veterans use of multiple appliances for service connected disability as outylined in the 38 CFR.

[jbasser]

I am in agreement with you. Appliances like braces should also entitle a Vet to mulltiple Allowances.

J