EYE IMPAIRMENT OF MUSCLES OF

Summary

The veteran, who served from November 2000 to November 2003, appeals the denial of an increased rating for his service-connected bilateral dry eye syndrome. The veteran contends that his condition warrants a higher rating. The Board reviewed evidence including two VA examinations from February 2021 and July 2021. During these examinations, the veteran reported bilateral dry eyes, ocular discomfort, blurriness, and the need for artificial tears 3-4 times daily. While VA examiners noted a lacrimal system condition including dry eye syndrome, they did not find a disorder of the lacrimal apparatus such as epiphora or dacryocystitis. The February 2021 examiner stated the dry eye caused ocular discomfort but did not impair vision, with corrected visual acuity of 20/20 bilaterally. The July 2021 examiner found the dry eyes mild and not impairing vision, also noting 20/20 corrected visual acuity. The Board found that the veteran's bilateral dry eye syndrome, requiring treatment with artificial tears, warranted a 20 percent rating by analogy to disorders of the lacrimal apparatus under Diagnostic Codes 6099-6025. The Board granted a 20 percent rating for bilateral dry eye syndrome.

Rationale

Bilateral dry eye syndrome requires treatment with artificial tears.; Diagnostic Code 6025 contemplates disorders of the lacrimal apparatus.; Rated by analogy under Diagnostic Codes 6099-6025.

Full Decision Text

Citation Nr: A26037672
Decision Date: 04/22/26	Archive Date: 04/22/26

DOCKET NO. 211008-191107
DATE: April 22, 2026

ORDER

Entitlement to a 20 percent rating, but no higher, for bilateral dry eye syndrome is granted.

FINDING OF FACT

The Veteran's bilateral dry eye syndrome exhibited symptoms comparable to a bilateral disorder of the lacrimal apparatus.

CONCLUSION OF LAW

The criteria for entitlement to a 20 percent rating, but no higher, for bilateral dry eye syndrome have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1, 4.3, 4.7, 4.75-4.78, 4.79, Diagnostic Codes 6099-6025.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 2000 to November 2003.

In the October 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket.  A Board hearing was held on May 27, 2025. 

Therefore, the Board may only consider the evidence of record at the time of the July 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing.  38 C.F.R. § 20.302 (a).  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.  38 C.F.R. §§ 20.300, 20.302 (a), 20.801. 

It is valuable to note that the Veteran has already been found to be 100 percent disabled by VA.  The Veteran has been in receipt of a 100 percent combined disability rating since November 9, 2023. 

1. Entitlement to a 20 percent rating, but no higher, for bilateral dry eye syndrome.

The Veteran contends, in substance, that his bilateral dry eye syndrome warrants an increased rating.  

The Veteran's bilateral dry eye syndrome is rated under 38 C.F.R.  § 4.79, Diagnostic Codes 6099-6025.  Hyphenated diagnostic codes are used when a rating under one code requires use of an additional diagnostic code to identify the basis for the rating assigned.  38 C.F.R.  § 4.27.  Here, the use of Diagnostic Codes 6099-6025 reflects that there is no diagnostic code specifically applicable to the Veteran's service-connected bilateral dry eye syndrome, and that this disability has been rated by analogy to disorders of the lacrimal apparatus (epiphora, dacryocystitis, etc.) under Diagnostic Cide 6025.  See 38 C.F.R.  § 4.20 (allowing for rating of unlisted condition by analogy to closely related disease or injury).

Under Diagnostic Code 6025, a 10 percent rating is warranted if the disability is unilateral, and a maximum 20 percent rating is warranted if the disability is bilateral.  38 C.F.R.   § 4.79, Diagnostic Code 6025.

The Board notes that the Veteran has additional eye disabilities that are service connected.  These include an operculated retinal hole right eye with posterior vitreous detachment of the left eye rated under Diagnostic Code 6079 and double vision, diplopia, rated under Diagnostic Code 6090.  Both of these eye disabilities have been rated as noncompensable and are not currently before the Board.  

During a February 2021 VA examination, the Veteran reported bilateral dry eyes with ocular discomfort and blurriness and treats them with artificial tears 3 to 4 times a day.  The Veteran was noted to have a lacrimal system condition, including dry eye syndrome.  However, he does not have a disorder of the lacrimal apparatus, to include epiphora, dacryocystitis, etc.  The examiner noted that the Veteran's decrease in visual acuity or other visual impairment is attributable to his dry eye syndrome.  Specifically, the Veteran's dry eye is the cause of his ocular discomfort.  For visual acuity, the Veteran's corrected distance was 20/20 or better for both eyes.  

Approximately six months later, the Veteran reported dry and irritated eyes at a July 2021 VA examination and was prescribed eye drops to
 3 to 4 times a day.  The Veteran was noted to have a lacrimal system condition, including dry eye syndrome.  However, he does not have a disorder of the lacrimal apparatus, to include epiphora, dacryocystitis, etc.  The examiner noted that the Veteran's decrease in visual acuity or other visual impairment is attributable to his dry eye syndrome.  Specifically, the Veteran's dry eye is the cause of his ocular discomfort.  For visual acuity, the Veteran's corrected distance was 20/20 or better for both eyes.  

Approximately six months later, the Veteran reported dry and irritated eyes at a July 2021 VA examination and was prescribed eye drops to treat his bilateral dry eye syndrome.  The Veteran was noted to have a lacrimal system condition, including dry eye syndrome.  However, he does not have a disorder of the lacrimal apparatus, to include epiphora, dacryocystitis, etc.  The examiner noted that the Veteran's decrease in visual acuity or other visual impairment is not attributable to dry eye syndrome.  They explained that the Veteran's dry eyes are mild and does not impair his vision.  For visual acuity, the Veteran's corrected distance was 20/20 or better for both eyes.  

Based on a review of the relevant evidence, the Board finds that a 20 percent rating is warranted for the Veteran's dry eye syndrome of both eyes.  In this regard, while the VA examiners did not note a disorder of lacrimal apparatus, they both indicated that the Veteran uses artificial tears to treat the dry eye syndrome of both eyes. Diagnostic Code 6025 contemplates an eye disability involving "the secretion and circulation of tears and the normal fluid of the conjunctival sac," and, here, the Veteran's dry eye disability requires treatment with artificial tears.  As such, under Diagnostic Code 6099-6025, a 20 percent rating is warranted for a bilateral dry eye disorder of the lacrimal apparatus. 

Accordingly, the Board awards a 20 percent rating, but no higher, for the Veteran's bilateral dry eye syndrome.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.  

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Cochran, Laura

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.