**§3.810 Clothing allowance.**

\(a\) Except as provided in paragraph (d) of this section a veteran who
has a service-connected disability, or a disability compensable under 38
U.S.C. 1151 as if it were service-connected, is entitled, upon
application therefor, to an annual clothing allowance as specified in 38
U.S.C. 1162. The annual clothing allowance is payable in a lump sum, and
the following eligibility criteria must also be satisfied:

\(1\) A VA examination or hospital or examination report from a facility
specified in §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 disability and such disability
is the loss or loss of use of a hand or foot compensable at a rate
specified in §3.350(a), (b), (c), (d), of (f); or

\(2\) The Chief Medical Director or designee certifies that because of
such disability 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 which
is due to the service-connected disability irreparable damage is done to
the veteran's outergarments. For the purposes of this paragraph
"appliance" includes a wheelchair.

\(b\) Effective August 1, 1972, the initial lump sum clothing allowance
is due and payable for veterans meeting the eligibility requirements of
paragraph (a) of this section as of that date. Subsequent annual
payments for those meeting the eligibility requirements of paragraphs
(a) of this section will become due on the anniversary date thereafter,
both as to initial claims and recurring payments under previously
established entitlement.

\(c\) (1) Except as provided in paragraph (c)(2) of this section, the
application for clothing allowance must be filed within 1 year of the
anniversary date (August 1) for which entitlement is initially
established, otherwise, the application will be acceptable only to
effect payment of the clothing allowance becoming due on any succeeding
anniversary date for which entitlement is established, provided the
application is filed within 1 year of such date. The 1-year period for
filing application will include the anniversary date and terminate on
July 31 of the following year.

\(2\) Where the initial determination of service connection for the
qualifying disability is made subsequent to an anniversary date for
which entitlement is established, the application for clothing allowance
may be filed within 1 year from the date of notification to the veteran
of such determination. (Authority: 38 U.S.C. 1162)

\(d\) If a veteran is incarcerated in a Federal, State, or local penal
institution for a period of more than 60 days and is furnished clothing
without charge by the institution, VA shall reduce the amount of the
annual clothing allowance by 1/365th of the amount otherwise payable for
each day the veteran was incarcerated during the 12-month period
preceding the anniversary date for which entitlement is established. No
reduction shall be made for the first 60 days of incarceration.
(Authority: 38 U.S.C. 5313A)

\[37 FR 19134, Sept. 19, 1972, as amended at 39 FR 2362, Jan. 21, 1974;
49 FR 28242, July 11, 1984; 56 FR 5756, Feb. 13, 1991; 62 FR 35422, July
1, 1997\]

**Supplement *Highlights* reference**: 30(1)