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Clothing Allowance Advice Please.

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Ian

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So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

 

Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

Use crutches 50%, and both chairs 25% each.

Was approved for 1 clothing allowance this year for forearms crutches for upper.

 

Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

My local DAV rep at the VA has no clue on how to handle this.

 

Edited by Ian
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I cannot help you much but I will do what I can, anybody else that can chime in please do.

I would first try to see the patitent advocate at the VA facility you use.  If that is a dead end I would call the national office of the DAV and see if anyone there can help you.  They usually have senior VSO's at the national office that represent veterans at the BVA level.

Good luck and let us know what you find out so we may be able to help a veteran following in your footsteps.

Edited by vetquest
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I am in Tampa Florida and you should be getting paid for 2 clothing allowances. I have a power chair and wear braces on my legs to walk with so get paid for my chair and my braces. My opinion I would just let them know you should be paid for your crutches and the chair.

USMC 79-85

100% P&T

SMC R1

70% loss of use of right arm due to multiple sclerosis

100% suprapubic cystostomy due to multiple sclerosis

100% loss of use of both lower extremities due to multiple sclerosis

30% left upper extremity weakness

30% insomnia with hypersomnolence

10% neurogenic bowel

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According to VA Handbook 1173.15

a. One Clothing Allowance. A Veteran is entitled to one annual clothing allowance if:
(1)
A VA examination or a hospital or examination report from a facility specified in section 3.326(b) establishes that the Veteran, because of a service-connected disability or disabilities due to loss or loss of use of a hand or foot compensable at a rate specified in section 3.350(a), (b), (c), (d), or (f), wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing; or
(2)
The Under Secretary for Health, or a designee, certifies that
(a)
A Veteran, because of a service-connected disability or disabilities, wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing; or
(b)
A Veteran uses a skin medication prescribed by a physician for one skin condition, which is due to a service-connected disability that causes irreparable damage to the Veterans outergarments.
b.
More than One Clothing Allowance. A Veteran is entitled to more than one annual clothing allowance if:
(1)
Multiple types of garments are affected. A Veteran is entitled to an annual clothing allowance for each prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) or skin medication used by the Veteran if each prostheses, appliance or skin medication:

 

As you can see the handbook specifically indicates wheelchair... 

When the new rules for clothing allowances were published I too was denied a clothing allowance for a power wheelchair. I already had a clothing allowance for an AFO brace on my left foot. I was told a power wheelchair does not do damage to clothing. So then I requested a clothing allowance for forearm crutches, and a manual wheelchair since they too were issued by the va too me.  I didn't get anywhere.. I was told if I had a power wheelchair that there was no reason for me to use for arm crutches and a manual wheelchair. I was also informed that if a second clothing allowance was requested and if it were granted I would lose the static clothing allowance and have to request the clothing allowances every year.  I gave up on trying to get a second clothing allowance 6 years ago...

 

I wish you luck, but truth be told a power wheelchair does not cause damage to clothing, I know I have been in a chair for 10 years.....

 

 

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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41 minutes ago, jefmil50 said:

I am in Tampa Florida and you should be getting paid for 2 clothing allowances. I have a power chair and wear braces on my legs to walk with so get paid for my chair and my braces. My opinion I would just let them know you should be paid for your crutches and the chair.

The problem we all face is different VA authorities have differing opinions about what is possible and what is not... this happens all the time even with claims, or Chapter 31 , so if you have two good for you... your one of the lucky ones...

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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Well I actually get the max of four. I had to fight for it but it was awarded after bringing my arm brace in to show that it fit the guidelines. Sometimes you need to just keep fighting them.

USMC 79-85

100% P&T

SMC R1

70% loss of use of right arm due to multiple sclerosis

100% suprapubic cystostomy due to multiple sclerosis

100% loss of use of both lower extremities due to multiple sclerosis

30% left upper extremity weakness

30% insomnia with hypersomnolence

10% neurogenic bowel

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On 10/31/2018 at 8:15 PM, jefmil50 said:

Well I actually get the max of four. I had to fight for it but it was awarded after bringing my arm brace in to show that it fit the guidelines. Sometimes you need to just keep fighting them.

Then again sometimes you have to decide which battle is worth fighting... I am just getting too old to fight every denial I get... unless its going to amount to some big dollars I have more important things to do with my time, like my 3 grandsons, and one years old granddaughter...

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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