M21-1 Manual / Part XIII, Subpart i, Chapter 8, Section A
Clothing Allowance
M21-1, Part XIII, Subpart i, Chapter 8, Section A
Overview
In This Section | | This section contains the following topics:| Topic | Topic Name |
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| 1 | Eligibility for the Annual Clothing Allowance | | 2 | Payment of the Annual Clothing Allowance | | 3 | Payment of the Annual Clothing Allowance for Incarcerated Veterans | | 4 | Handling Disagreements With Annual Clothing Allowance Determinations | | 5 | Annual Clothing Allowance Payment (ACAP) Coordinators |
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1. Eligibility for the Annual Clothing Allowance
Introduction | | This topic contains information on the eligibility requirements for the annual clothing allowance, including- ACAP eligibility requirements
- medical evidence needed to establish eligibility
- jurisdiction of clothing allowance claims processing
- informing Veterans of potential eligibility for the annual clothing allowance
- what constitutes a claim for the annual clothing allowance, and
- annual clothing allowance eligibility for hospitalized Veterans.
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Change Date | | April 30, 2024 |
XIII.i.8.A.1.a. ACAP
Eligibility Requirements | | The regulatory authority for an annual clothing allowance payment (ACAP) is 38 CFR 3.810. An ACAP is payable on application when - prosthetic or orthopedic appliances, such as an artificial limb, rigid extremity brace, wheelchair, or crutches, worn or used by a Veteran, for a disability or disabilities for which 38 U.S.C. Chapter 11 disability compensation has been established, tend to wear and tear clothing, and/or
- physician-prescribed medication, used by a Veteran for a skin condition for which 38 U.S.C. Chapter 11 disability compensation has been established, causes irreparable damage to the outer garments.
38 U.S.C. Chapter 11 disability compensation means- service-connected (SC) disability, or
- disability under 38 U.S.C. 1151 that is compensated as if SC.
38 CFR 3.810 provides for entitlement to more than one ACAP. Multiple allowances are permitted when multiple qualifying appliances and/or medications affect distinct qualifying types of clothing articles. Example: Multiple allowances may be awarded if a prosthetic leg used for an SC amputation causes wear and tear to pants and a physician-prescribed medication for an SC skin disorder irreparably damages shirts. Two allowances may be paid for a single type of affected garment if- more than one appliance
- medication for more than one skin condition, or
- an appliance and a skin medication
independently qualify for an ACAP and together tend to wear and tear and/or irreparably damage the single type of garment at a greater rate than either would independently.Note: Public Law (PL) 117-328 amended 38 U.S.C. 1162 to require the Department of Veterans Affairs (VA) to make recurring payments for a clothing allowance to qualifying Veterans until the Veteran elects to no longer receive such payments or VA determines the Veteran is no longer eligible. In effect, this amendment eliminated the requirement for Veterans to submit an application each year for the ACAP once their eligibility for the benefit is initially established. Exception: An application is still required to establish initial eligibility to an additional ACAP on the basis of multiple qualifying appliances and/or medications, as described above, even if initial eligibility to a separate ACAP was previously established. |
XIII.i.8.A.1.b. Medical Evidence Needed to Establish Eligibility | | In order for an ACAP to be paid, available medical evidence must demonstrate findings consistent with the regulatory requirements for the benefit. Refer to the table below for a description of the types of evidence necessary to support eligibility to an ACAP. | If the basis for the ACAP claim is ... | Then the medical evidence must include ... | Indicating that … |
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| use of prosthetic or orthopedic appliances where there is special monthly compensation for loss of use of an upper or lower extremity at a rate specified in 38 CFR 3.350(a-d) or (f) | a VA examination or equivalent hospital or examination report | the qualifying appliance(s) tend to cause wear and tear to clothing. | | use of prosthetic orthopedic appliances necessitated by another qualifying disability | certification by the Under Secretary for Health or a designee (VA Outpatient Clinic (OPC) Director) | the qualifying appliance(s) tend to cause wear and tear to clothing. | | physician-prescribed medication | certification by the Under Secretary for Health or a designee (VA OPC Director) | the qualifying prescribed medication causes irreparable damage to outer garments. |
Notes: - Irreparable damage does not include stains that are removable through regular laundering or dry cleaning.
- A Veteran does not lose ACAP eligibility after returning to active duty and may receive the payment concurrently with active service pay, as per VAOPGCPREC 4-2010.
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XIII.i.8.A.1.c. Jurisdiction of Clothing Allowance Claims Processing | | In August 2003, the Veterans Benefits Administration (VBA) transitioned the processing of annual clothing allowance claims to the Veterans Health Administration (VHA). Any clothing allowance claims received by a regional office (RO) should be forwarded to the VA medical center (VAMC) or OPC of jurisdiction, to the attention of the Prosthetic and Sensory Aids Service. Exceptions: - Veterans Service Centers (VSCs) are responsible for processing claims for accrued clothing allowance.
- The Pittsburgh RO coordinates with the Pittsburgh VAMC on annual clothing allowance claims received from Veterans residing in foreign countries.
References: For additional information on - accrued clothing allowance, see M21-1, Part XIII, Subpart i, 8.A.2.d, and
- identifying the appropriate RO ACAP coordinator, see
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XIII.i.8.A.1.d. Informing Veterans of Potential Eligibility for the Annual Clothing Allowance | | If a rating decision establishes service connection (SC) for the anatomical loss or loss of use of a hand or foot, the decision notice must- inform the Veteran of potential eligibility for the clothing allowance
- enclose VA Form 10-8678, Application for Annual Clothing Allowance
- provide contact information for the VAMC or OPC of jurisdiction, and
- inform the Veteran to return the application to the VAMC or OPC, to the attention of Prosthetic and Sensory Aids Service.
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XIII.i.8.A.1.e. What Constitutes a Claim for the Annual Clothing Allowance | | A claim for an ACAP may be any communication from a Veteran that- describes the device or medication used because of an SC or 38 U.S.C. 1151 disability/condition, and
- requests payment of the clothing allowance.
Note: If an application for an ACAP is received, but no claim for compensation has been filed |
XIII.i.8.A.1.f. Annual Clothing Allowance Eligibility for Hospitalized Veterans | | A hospitalized Veteran, competent or incompetent, remains eligible for an ACAP. |
2. Payment of the Annual Clothing Allowance
Introduction | | This topic contains information on making payments of the annual clothing allowance, including - pay date for ACAPs, and
- payment
- to Veterans in receipt of military retired pay (MRP)
- in Philippine cases, and
- of the accrued clothing allowance.
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Change Date | | April 30, 2024 |
XIII.i.8.A.2.a. Pay Date for ACAPs | | ACAPs are issued to Veterans who have existing eligibility as of August 1st of the payment year in question. For initial establishment of eligibility to an ACAP, VHA must determine eligibility no later than July 31st of the initial payment year and not prior to August 1st of the preceding year. Example: A Veteran eligible as of August 1, 2023, is entitled to receive the 2023 ACAP. Generally, ACAPs are paid on or about September 1st. An ACAP may be paid upon processing of the initial clothing allowance transaction if processing occurs after the last processing cycle in August of the initial year of ACAP eligibility. |
XIII.i.8.A.2.b. Payment to Veterans in Receipt of MRP | | A Veteran receiving military retired pay (MRP) is not required to waive any portion of MRP to receive a clothing allowance. |
XIII.i.8.A.2.c. Payment in Philippine Cases | | Claims authorized for Veterans of the U.S. Army and Regular Scouts are paid in dollars. Persons who enlisted under Section 14, PL 79-190 (The Armed Forces Voluntary Recruitment Act of October 6, 1945), in the Philippine Scouts, Commonwealth Army of the Philippines, or Guerilla Service are to be paid at a rate in Philippine pesos equivalent to $.50 for each dollar authorized under law. Note: The Manila Treasury Disbursing Office makes the payment. |
XIII.i.8.A.2.d. Payment of the Accrued Clothing Allowance | | If a rating decision or evidence in the claims folder at the date of death indicates that the Veteran met the eligibility requirements as of the August 1st date prior to death, then the lump sum clothing allowance is due and payable. Note: The full lump sum is payable without pro rata accumulation for any portion of a year. Reference: For more information on payment of accrued benefits, see M21-1, Part XI, Subpart ii, 3. |
3. Payment of the Annual Clothing Allowance for Incarcerated Veterans
Introduction | | This topic contains information on the payment of the annual clothing allowance for incarcerated Veterans, including - provisions of Section 502 of PL 104-275, and
- payment
- during the initial period of incarceration, and
- when the Veteran is
- incarcerated for the entire clothing allowance year, and
- released from incarceration during the clothing allowance year.
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Change Date | | April 24, 2015 |
XIII.i.8.A.3.a. Provisions of Section 502 of PL 104-275 | | PL 104-275, Section 502, limits the clothing allowance for Veterans incarcerated for over 60 days if they receive clothing at no cost from the penal institution. Note: In the absence of evidence to the contrary, presume that incarcerated Veterans receive clothing at no cost from the penal institution. |
XIII.i.8.A.3.b. Payment During the Initial Period of Incarceration | | General Counsel has held that the restriction on the payment of clothing allowance does not apply for the initial 60 days of any separate period of incarceration. Therefore, the annual clothing allowance amount must be reduced by 1/365th for each day of incarceration after the initial 60 days of incarceration during the 12-month period preceding the August 1st determination of clothing allowance eligibility. |
XIII.i.8.A.3.c. Payment When the Veteran Is Incarcerated for the Entire Clothing Allowance Year | | If the Veteran is incarcerated for the entire clothing allowance year (August 1st through July 31st), do not pay the Veteran for that year, assuming the Veteran’s incarceration commenced more than 60 days prior to August 1st. |
XIII.i.8.A.3.d. Payment When the Veteran Is Released From Incarceration During the Clothing Allowance Year | | If the Veteran is initially incarcerated or is released from incarceration during the clothing allowance year, pay the Veteran a partial clothing allowance. Note: Partial clothing allowance payments for years during which the Veteran is incarcerated are not subject to rounding to even dollars. Therefore, partial year payments are made in dollars and cents. Reference: For information on calculating the partial year payment, see M21-1, Part XIII, Subpart i, 8.A.3.b. |
4. Handling Disagreements With Annual Clothing Allowance Determinations
XIII.i.8.A.4.a. Handling Disagreements With Annual Clothing Allowance Determinations | | The VAMC or OPC is responsible for handling legacy appeals and requests for decision review under 38 CFR 3.2500, arising from decisions denying or terminating eligibility- on the basis that no SC conditions exist
- on the basis that the device does not wear out or tear clothing
- on the basis that the skin medication does not cause irreparable staining, or
- in cases involving an issue of effective date of entitlement.
References: For more information on - legacy appeals, see
- M21-5, Chapter 6, Section A, and
- M21-5, Chapter 7
- higher-level reviews, see M21-5, Chapter 5, and
- supplemental claims, see M21-1, Part II, Subpart iii, 2.B.
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5. ACAP Coordinators
Introduction | | This topic contains information on ACAP coordinators, including ACAP coordinator- selection, and
- responsibilities.
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Change Date | | April 30, 2024 |
XIII.i.8.A.5.a. ACAP Coordinator Selection | | The VSC Manager (VSCM) at each RO is responsible for selecting an ACAP Coordinator and providing the individual’s- name
- phone number
- position, and
- fax number
to- the nearest Veterans Integrated Service Network (VISN) Prosthetic Representative, and
- VAVBAWAS/CO/21WEB.
Note: When an ACAP Coordinator is replaced, the VSCM will repeat the process above to ensure contact information remains current. Reference: For more information on the current ACAP Coordinators, see the ACAP Coordinators List. |
XIII.i.8.A.5.b. ACAP Coordinator Responsibilities | | The ACAP Coordinator will, upon request from a Prosthetic Representative or designee- perform a payment or mailing address change
- assist in resolving ACAP payment issues, to include coordination with the finance activity and supporting any audit effort, and/or
- review the claims folder and provide findings.
Note: Open a YourIT help desk ticket for all technical issues on processing ACAP claims. |
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XIII, Subpart i, Chapter 8, Section A (U.S. government work, reproduced for reference). Browse all sections →