Case from Bureau of Veterans Appeals
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Dr. Bash is a veteran of
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DEPARTMENT OF VETERANS AFFAIRSSeattle Regional OfficeRepresented By:DISABLED AMERICAN VETERANS Decision Review Officer Decision The records reflect that you are a veteran of the Peacetime. You served in the Air Force from February 6, 1957 to February 5, 1961. The Board of Veterans Appeals made their decision on your appeal on July 10, 2013. We have implemented their decision. based on the evidence listed below. DECISION1. Service connection for pseudophakia, right eye with arcus senelis, status post enucleation left eye is granred with an evaluation of 70 percent effective February ] 3, 2007.
• Review of entire claims file
Service connection tior pseudopbakia, right eye with arcus senelis, status post enucleation left eye has been established as directly related to miliwy service. This decision is based on your recent Board of Veterans Appeals Decision dated July 10, 2007. The Board of Veterans Appeals has decided that new and material evidence was received, successfully reopening your claim for service connection for cataracts. Additionally.it was decided that service connection for residuals of post operative cataract extraction, left eye, is granted. Service cotmection for cataract of the right eye is granted. Your service treatment records reveal that upon examination at separation from service you were noted to have eye trouble with headaches when working in dark rooms and has worn glasses for six years. Thereafter, you were diagnosed with cataracts between 1965 and 1975. After review of the claims file, a VA medical expert in June 2013 rendered the opinion that the Veteran's cataract is at least as likely as not related to active service. We have assigned a 70 percent evaluation for your cataract of any type based on: • Visual impairment described below Your visual acuity warrants a 40 percent evaluation based on: You have anatomical loss of your left eye, which allows prosthesis. Your right eye shows corrected near vision of 20/40. Your right eye corrected flu- vision was shown as 20/40. Your visual fields warrant a 50 peccent evaJuation based on: You have anatomical loss of your left eye, which ailow-s prosthesis. The right eye shows an average contraction to 49.625 degrees. This is based on the following examination fmdings: A normal field of vision temporally is 85 degrees. The examination shows 70,degrees. Normal vision.down temporally is 85. Your field is 55 in the right eye. The nonnal field of vision down is 65. 65 degrees is shown. Down nasally, 50 i:s nonnal. You show 40. Normal vision nasally is 60. Examination findings show 57. Up nasally, 55 is ronsidered normal. 35 is demonstrated. The normal field of vision up is 45 degrees. 40 is shown. The final field of vision considered for the right eye is up temporally. 55 is normal with 35 shown on examination. The total remaining visual field for the right eye is 397. When this 11umber is divided by the eight directions, rounded up, the average contraction is obtained. The riglltt eye can be rated on its concentric contraction or on an equivalent visual acuity of20/50. When both decreased visual acuity and visual field defect are present in one or both eyes and are service connected, the visual acuity and visual field defect (expressed as a level of visual acnity), are separately evaluated and combined under the provisions of 38 CFR §4.25 {38 CFR §4. 77( c)}. Your visual acuity warrants a 40 percent evaluation. Your visual field defect warrants a 50 percent evaluation. These evaluations combine under 38 CFR §4.25 for a 70 percent evaluation. Higher evaluations are based on more severe levels of visual impairment. A 70 percent evaluation is assigned from February 13, 2007, the date that we received your reopened claim with what was determined to be new and material evidence. We are using this effective date because your claim has been continuously prosecuted through the appellate system since then. 2. Entitlement to special monthly compensation based on Loss Of Use.Entitlement to special monthly compensation is warranted in this case because criteria regarding Loss Of Use of one eye were met from February 13, 2007, the date that we received your reopened claim for compensation. The evidence of record shows tbat you have had the left eye removed due to complications following status post contact removal. REFERENCESTitle 38 of the Code of Federal Regulations, Pensions,, Bonuses and Veterans' Relief contains the regulations of the Department of Vererans Affirirs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our web site, www.va.gov. |
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