GLAUCOMA

Summary

The veteran, who served from June 1979 to January 2000, appeals the rating decision for his service-connected open angle glaucoma. The veteran sought an increased rating for his eye condition, specifically aiming for a rating higher than the initial 20 percent. The primary evidence considered included an April 2013 VA examination which confirmed the diagnosis of open angle glaucoma, noted a visual field defect, and indicated the need for continuous medication. The veteran also submitted an October 2013 statement detailing multiple argon diode laser trabeculoplasties since 2002 and testified at a July 2024 Board hearing about episodes requiring frequent doctor visits, including two such episodes shortly before the hearing. The Board found the veteran's statements regarding treatment needs and symptom severity to be competent and credible, affording them significant weight. While the April 2013 VA examiner did not report incapacitating episodes, the Board, applying the benefit of the doubt, found that the evidence demonstrated the veteran experienced three to five incapacitating episodes per year. Consequently, the Board granted an initial 20 percent rating for the open angle glaucoma, finding the evidence approximated the criteria for this rating, but denied a higher rating as the evidence did not support more than five incapacitating episodes annually.

Rationale

Evidence approximated criteria for 20 percent rating; Benefit of doubt applied due to balanced evidence; Veteran's statements found competent and credible

Full Decision Text

Citation Nr: A26037772
Decision Date: 04/22/26	Archive Date: 04/22/26

DOCKET NO. 201015-115645
DATE: April 22, 2026

ORDER

For the entire period on appeal, an initial 20 percent rating (but no higher) for service-connected open angle glaucoma is granted.

FINDING OF FACT

Affording the Veteran the benefit of doubt, the evidence is approximately balanced (nearly equal) in favor of finding the Veteran's service-connected open angle glaucoma more closely approximates the criteria for a 20 percent rating based on incapacitating episodes requiring treatment visits.

CONCLUSION OF LAW

For the entire period on appeal, the criteria have been met for an initial 20 percent rating (but no higher) for service-connected open angle glaucoma. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.79, Diagnostic Code (Code) 6013.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1979 to January 2000. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2020 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

In the October 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on July 19, 2024.

By law, for claims appealed in this docket, the Board may only consider the evidence of record at the time of the AOJ decision, which was subsequently subject to higher-level review, 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, which was subsequently subject to higher-level review and prior to the Board hearing, or (2) more than 90 days following the hearing, then, by law, the Board was not permitted to consider that evidence in this decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

For the entire period on appeal, an initial 20 percent rating (but no higher) for service-connected open angle glaucoma is granted.

Legal Criteria

Disability ratings are determined by evaluating the extent to which a veteran's service-connected disability adversely affects ability to function under the ordinary conditions of daily life, including employment, by comparing the symptoms that the Veteran experiences with the criteria in the Schedule for Rating Disabilities (Rating Schedule). 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.2, 4.10 (2018). 

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7.  

The Board has reviewed all evidence in the claims file, with an emphasis on the evidence relevant to these appeals. Although the Board has an obligation to provide reasons and bases supporting its decision, there is no need to discuss, in detail, every piece of evidence of record. Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). The Board will summarize the relevant evidence as appropriate and the analysis will focus on what the evidence shows, or fails to show, as to the claims.

Factual Background and Analysis

VA received the Veteran's claim for an increased rating for his eye condition on October 26, 2012. 

The Veteran attended an April 2013 VA examination for his eye condition. The examiner confirmed his diagnosis of open angle glaucoma. The examiner noted a visual field defect. The Veteran's glaucoma requires continuous medication for treatment. The examiner also noted the decrease in visual acuity and visual impairment was due
 v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). The Board will summarize the relevant evidence as appropriate and the analysis will focus on what the evidence shows, or fails to show, as to the claims.

Factual Background and Analysis

VA received the Veteran's claim for an increased rating for his eye condition on October 26, 2012. 

The Veteran attended an April 2013 VA examination for his eye condition. The examiner confirmed his diagnosis of open angle glaucoma. The examiner noted a visual field defect. The Veteran's glaucoma requires continuous medication for treatment. The examiner also noted the decrease in visual acuity and visual impairment was due to the Veteran's glaucoma. The examiner did not indicate that the Veteran experienced any incapacitating episodes. 

In an October 2013 statement, the Veteran stated that he has had four argon diode laser trabeculoplasties since 2002. 

A May 2013 private treatment record shows the Veteran required an office visit for treatment of his glaucoma multiple times in 2013.

Other treatment records within the Veteran's record show more years where the Veteran required regular treatment for his glaucoma.

In November 2018, the Veteran opted his claim into the AMA. 

The Veteran testified at a July 2024 Board hearing that he does have episodes relating to his glaucoma that require him to see his doctor for treatment of his condition and had two such episodes in the weeks prior to the hearing.

Based on the above, the Board finds that the Veteran's open angle glaucoma more closely approximates the rating criteria for a 20 percent rating. The Board finds the Veteran's statements are competent (that is "qualified") and credible statements about the treatment he requires and the severity of his symptoms. He Board affords them significant probative weight. 

The Board also affords some probative weight to the April 2013 VA examination. While the examiner did not indicate the Veteran experiences incapacitating episodes, the Board finds that the other probative evidence of record demonstrates that the Veteran's open angle glaucoma resulted in some form of incapacitating episodes at least three to five times per year. 

Accordingly, while the evidence does not perfectly align with the criteria, resolving any reasonable doubt in the Veteran's favor, the Board finds that a 20 percent rating (but no higher) is warranted. To that extent, the appeal is granted. 

A higher rating is not warranted because the evidence fails to show that the Veteran experiences more than five incapacitating episodes within a 12-month period.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Williams, M. E. (BVA)

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.