Department of Veterans Affairs M21-1, Part III, Subpart IV



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Department of Veterans Affairs M21-1, Part III, Subpart iv


Veterans Benefits Administration December 11, 2015

Washington, DC 20420

Key Changes



Changes Included in This Revision

The table below describes the changes included in this revision of Veterans Benefits Manual M21-1, Part III, “General Claims Process,” Subpart iv, “General Rating Process.”
Note: Minor editorial changes have also been made to

  • update incorrect or obsolete references

  • reassign alphabetical designations to individual blocks, where necessary, to account for new and/or deleted blocks within a topic

  • clarify block labels and/or block text, and

  • bring the document into conformance with M21-1 standards.




Reason(s) for the Change

Citation

  • To add an important note that elective procedures such as laser eye surgery or LASIK are not eligible for service connection (SC) and therefore residuals such as dry eye syndrome caused solely by elective procedures are also not eligible for SC.

  • To add references for more information on the principles of SC at 38 CFR 3.303 and the usual effects of medical and surgical treatment in service having the effect of ameliorating disease at 38 CFR 3.306(b)(1).

Part III, Subpart iv, Chapter 4, Section B, Topic 2, Block e

(III.iv.4.B.2.e)



To clarify when audiometric standards changed from the older American Standards Association units to the current units set by the International Standards Organization and American National Standards Institute.

III.iv.4.B.3.a

To add new Block d with guidance for considering National Guard and Reserve duty for hearing loss and/or tinnitus claims. Incorporated the guidance from Frequently Asked Question (FAQ) answered January 31, 2001.

III.iv.4.B.3.d

To add whisper test results as an example of prior audiological findings which may be unclear and therefore require a medical opinion regarding the significance of those test results on the claim for service connection.

III.iv.4.B.3.e



Rescissions

None


Authority

By Direction of the Under Secretary for Benefits


Signature

Thomas J. Murphy, Director

Compensation Service



Distribution

LOCAL REPRODUCTION AUTHORIZED



Section B. Conditions of the Organs of Special Sense

Overview




In This Section

This section contains the following topics:




Topic

Topic Name

1

General Information About Eye Conditions

2

Specific Eye Conditions

3

Hearing Impairment

4

Exhibit 1: Examples of Rating Decisions for Diplopia



1. General Information About Eye Conditions




Introduction

This topic contains general information about eye conditions, including
measuring field of vision

citing disease or injury in the diagnosis

excluding congenital or developmental defects


  • definition of refractive errors

considering service connection (SC) for refractive errors

evaluation of visual acuity

evaluating anatomical loss of one eye with inability to wear a prosthesis

establishing SC for unusual developments, and

considering visual acuity in a non-service-connected (NSC) eye when the other eye is service-connected (SC).




Change Date

May 7, 2015



a. Measuring Field of Vision

The examining medical facility retains discretion in the exact method used to measure visual fields. However, the facility must use one of the following
Goldmann Bowl kinetic perimetry

automatic perimetry (Humphrey Model 750, Octopus Model 101), or

later versions of the Humphrey or Octopus machines with simulated Goldmann kinetic perimetry.
Notes:

If the specified automatic perimetry models are used, results must be reported with both the kinetic “Full Field” and kinetic “Numerical Values” printouts.

If the reports do not include these printouts, the examination is insufficient for rating purposes and must be returned for corrective action.

Veterans Benefits Management System-Rating (VBMS-R) allows use of the legacy eye calculator from within the application for scenarios that are not covered in the VBMS-R embedded eye calculator . The VBMS-R User Guide is embedded within the application and accessible by selecting “Help.”


Reference: For more information on visual field standards, see 38 CFR 4.77.



b. Citing Disease or Injury in the Diagnosis

Cite the actual disease, injury, or other basic condition as the diagnosis, rather than a mere citation of impaired visual acuity, field of vision, or motor efficiency.
Note: Actual pathology, other than refractive error, is required to support impairment of visual acuity. Impaired field of vision and impaired motor field function must be supported by actual appropriate pathology.



c. Excluding Congenital or Developmental Defects

Defects of form or structure of the eye that are of congenital or developmental origin may not be considered as disabilities or service-connected (SC) on the basis of incurrence or aggravation beyond natural progress during service.
The fact that a Veteran was supplied with glasses for correcting refractive error from any of the eye defects named above is not, in itself, considered indicative of aggravation by service that would warrant compensation.
Exception: Malignant or pernicious myopia may be considered SC.




d. Definition: Refractive Errors

Refractive errors are


  • due to anomalies in the shape and conformation of the eye structures, and

  • generally of congenital or developmental origin.


Examples: Astigmatism, myopia, hyperopia, and presbyopia.



e. Considering SC for Refractive Errors

The effects of uncomplicated refractive errors must be excluded in considering impairment of vision from the standpoint of service connection (SC) and evaluation.
Exception: Myopia may progress rapidly during the periods of service and lead to destructive changes, such as

changes in the choroid

retinal hemorrhage, and

retinal detachment.


Notes:

Children are usually hyperopic at birth and subsequently become less so, or they become emmetropic, or even myopic.

In adults, refractive errors are generally stationary or change slowly until the stage of presbyopia, also a developmental condition.

When dealing with refractive error only, if the best corrected vision on any examination by the Department of Veterans Affairs (VA) is better than prior determinations, view these prior determinations to be erroneous or at least as not representing best correction.


Reference: For more information on considering SC for refractive error of the eye, see 38 CFR 3.303(c).




f. Evaluation of Visual Acuity

Evaluate central visual acuity on the basis of corrected distance vision with central fixation, even if a central scotoma is present.
Exception: Evaluate the visual acuity of the poorer eye using either its uncorrected or corrected visual acuity, whichever results in better combined visual acuity, when

  • the lens required to correct distance vision in the poorer eye differs by more than three diopters from the lens required to correct distance vision in the better eye

  • the difference is not due to congenital or developmental refractive error, and

  • either the poorer eye or both eyes are SC.


Reference: For more information on evaluating based on visual acuity, see 38 CFR 4.76.




g. Evaluating Anatomical Loss of One Eye With Inability to Wear a Prosthesis

When the evidence shows anatomical loss of one eye together with inability to wear a prosthesis, increase the evaluation for visual acuity under 38 CFR 4.79, diagnostic code (DC) 6063 by 10 percent.
Notes:

  • The maximum evaluation for visual impairment of both eyes will not exceed 100 percent.

  • Assignment of the 10 percent increase under 38 CFR 4.79, DC 6063 precludes an evaluation under 38 CFR 4.118, DC 7800 based on gross distortion or asymmetry of an eye. A separate evaluation may be assigned under 38 CFR 4.118, DC 7800 based on characteristics of disfigurement separate from gross distortion or asymmetry of an eye.


Reference: For information on consideration of Special Monthly Compensation (SMC) for anatomical loss of an eye, see M21-1, Part IV, Subpart ii, 2.H.4.j.



h. Establishing SC for Unusual Developments

Long-established policy permits establishment of SC for such unusual developments as choroidal degeneration, retinal hemorrhage or detachment, or rapid increase of myopia producing uncorrectable impairment of vision.
Consider refractive error SC only under these unusual circumstances and when combined with uncorrectable residual visual impairment.
Note: Irregular astigmatism may be due to corneal inflammation due to injury or operation.



i. Considering Visual Acuity in an NSC Eye When the Other Eye Is SC

When visual impairment of only one eye is SC, either directly or by aggravation, consider the visual acuity of the non-service-connected (NSC) eye to be 20/40, subject to the provisions of 38 CFR 3.383(a).
Example 1 (Direct incurrence)

Situation:

Pre-service, a Veteran had visual acuity of 20/70 in the right eye and 20/20 in the left eye, with a history of bilateral inactive chorioretinitis.

The Veteran developed a cataract in the left eye in service.

Post-service, visual acuity was 20/70 in the right eye and 10/200 in the left eye.

At the time of the rating determination, the left eye cataract was pre-operative.
Result:

The SC evaluation is 30 percent for the left eye cataract that was incurred in service, based on visual acuity of 10/200.

Since the right eye is NSC, it is considered to have normal vision (20/40) for the purposes of this calculation.
Example 2 (Aggravation)

Situation:

Pre-service, a Veteran had visual acuity of 20/50 in each eye due to scarring from an old injury.

The Veteran’s left eye was re-injured in combat.

Post-service, visual acuity was 20/50 in the right eye and 10/200 in the left eye.


Result:

The SC evaluation is 20 percent for left eye aggravation (30 percent for 10/200 (current left eye) minus 10 percent for 20/50 (left eye on entrance)).

Since the Veteran’s right eye is NSC, it is considered to have normal vision (20/40) for the purposes of this calculation.
References: For more information on

evaluating visual acuity, see 38 CFR 4.75 and 38 CFR 4.79, DCs 6063 through 6066, and

determining in-service aggravation of pre-service disability, see

38 CFR 3.306, and

M21-1, Part IV, Subpart ii, 2.B.4.




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