Title 38Veterans' BenefitsRelease 119-73

§1162 Clothing allowance

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— - GENERAL COMPENSATION PROVISIONS › § 1162

Last updated Apr 6, 2026|Official source

Summary

The VA must pay a clothing allowance of $716.11 per year to any veteran who, because of a service-connected disability, wears or uses a prosthetic or orthopedic device (including a wheelchair) that tends to wear out their clothing, or who uses a doctor‑prescribed medicine for a skin problem from a service injury that the VA finds destroys outer clothing. Payments repeat every year automatically until the veteran asks to stop or the VA finds the veteran no longer qualifies. The VA will write rules for how the allowance works and will review claims from time to time. Veterans must tell the VA if they stop using the device or medicine. The VA will check its records, may ask veterans to confirm continued use if the device or medicine lasts longer than expected, and can require yearly recertification if needed (but not more often than once a year). If the VA decides a veteran no longer qualifies, it will tell the veteran, explain next steps and stop the payments.

Full Legal Text

Title 38, §1162

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 11 See Special Benefit Allowance Rates note below. per year to each veteran who—
(1)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; or
(2)uses medication which—
(A)a physician has prescribed for a skin condition which is due to a service-connected disability; and
(B)the Secretary determines causes irreparable damage to the veteran’s outergarments.
(b)Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
(1)The date on which the veteran elects to no longer receive such payments.
(2)The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
(c)(1)The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
(2)The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
(3)(A)If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
(i)receives notice under subparagraph (B); or
(ii)finds otherwise under subparagraph (C) or (D).
(B)The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(C)For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(D)If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
(4)If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
(5)When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
(d)If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
(1)provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and
(2)discontinue the clothing allowance based on such claim.

Legislative History

Notes & Related Subsidiaries

Disability Compensation and Dependency and Indemnity Compensation Rate IncreasesFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

Editorial Notes

Amendments

2022—Pub. L. 117–328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d). Subsec. (a)(2). Pub. L. 117–328, § 201(b)(2), substituted “which— “(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and “(B) the Secretary determines causes irreparable damage to the veteran’s outergarments.” for “which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veteran’s outergarments.” 2009—Pub. L. 111–37 substituted “$716” for “$677” in introductory provisions. 2008—Pub. L. 110–324 substituted “$677” for “$662” in introductory provisions. 2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the

Amendments

made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title. Pub. L. 109–461, § 1005(c), substituted “$662” for “$641”. Pub. L. 109–444, which substituted “$662” for “$641”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 2005—Pub. L. 109–111 substituted “$641” for “$600”. 2004—Pub. L. 108–454 substituted “$600” for “$588”. 2002—Pub. L. 107–330 substituted “$588” for “$580”. 2001—Pub. L. 107–94 substituted “$580” for “$546”. 1999—Pub. L. 106–118 substituted “$546” for “$528”. 1997—Pub. L. 105–98 substituted “$528” for “$478”. 1993—Pub. L. 103–140 substituted “$478” for “$466”. Pub. L. 103–78 substituted “$466” for “$452”. 1991—Pub. L. 102–152 substituted “$452” for “$436”. Pub. L. 102–83 renumbered section 362 of this title as this section. Pub. L. 102–3 substituted “$436” for “$414”. 1989—Pub. L. 101–237, § 112, substituted “Secretary under” for “Administrator under” and “Secretary shall” for “Administrator shall”, and substituted “who—” and pars. (1) and (2) for “who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.” Pub. L. 101–237, § 103, substituted “$414” for “$395”. 1988—Pub. L. 100–687 substituted “$395” for “$380”. 1987—Pub. L. 100–227 substituted “$380” for “$365”. 1986—Pub. L. 99–576 substituted “$365” for “$360”. Pub. L. 99–238 substituted “$360” for “$349”. 1984—Pub. L. 98–543 substituted “$349” for “$338”. Pub. L. 98–223 substituted “$338” for “$327”. 1982—Pub. L. 97–306, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by Pub. L. 97–253, § 405(d), eff. Oct. 1, 1982. Pub. L. 97–253, § 405(d), (h), eff. Jan. 1, 1983, substituted “$304” for “$305” after “clothing allowance of”. 1981—Pub. L. 97–66 substituted “$305” for “$274”. 1980—Pub. L. 96–385 substituted “$274” for “$240”. 1979—Pub. L. 96–128 substituted “$240” for “$218”. 1978—Pub. L. 95–479 substituted “$218” for “$203”. 1977—Pub. L. 95–117 substituted “$203” for “$190”. 1976—Pub. L. 94–433, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”. 1975—Pub. L. 94–71 substituted “$175” for “$150”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–328, div. U, title II, § 201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: “The

Amendments

made by subsection (b) [amending this section] shall apply with respect to— “(1) claims for clothing allowance submitted on or after the date of the enactment of this Act [Dec. 29, 2022]; and “(2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title.

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title.

Effective Date

of 2001 AmendmentAmendment by Pub. L. 107–94 effective Dec. 1, 2001, see section 7 of Pub. L. 107–94, set out as a note under section 1114 of this title.

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–118 effective Dec. 1, 1999, see section 7 of Pub. L. 106–118, set out as a note under section 1114 of this title.

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title.

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title.

Effective Date

of 1991

Amendments

Amendment by Pub. L. 102–152 effective Dec. 1, 1991, see section 7 of Pub. L. 102–152, set out as a note under section 1114 of this title. Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see section 7 of Pub. L. 102–3, set out as a note under section 1114 of this title.

Effective Date

of 1989 AmendmentAmendment by section 103 of Pub. L. 101–237 effective Dec. 1, 1989, see section 106 of Pub. L. 101–237, set out as a note under section 1114 of this title.

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100–687, set out as a note under section 1114 of this title.

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–227 effective Dec. 1, 1987, see section 107 of Pub. L. 100–227, set out as a note under section 1114 of this title.

Effective Date

of 1986

Amendments

Amendment by Pub. L. 99–576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99–576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99–238 effective Dec. 1, 1985, see section 107 of Pub. L. 99–238, set out as a note under section 1114 of this title.

Effective Date

of 1984

Amendments

Amendment by Pub. L. 98–543 effective Dec. 1, 1984, see section 107 of Pub. L. 98–543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–306 effective Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as a note under section 1114 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title.

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title.

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date

of 1975 AmendmentAmendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under section 1114 of this title.

Effective Date

Section effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as an

Effective Date

of 1972 Amendment note under section 1114 of this title. Repeal section 405(d) of Pub. L. 97–253, cited as a credit to this section, was repealed by Pub. L. 97–306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. Special Benefit Allowance RatesFor current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/

Reference

Citations & Metadata

Citation

38 U.S.C. § 1162

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73