DISORDERS OF THE LACRIMAL APPARATUS
COLLEEN M. GLASER-ALLEN · 2026 · Case ID: A26040815
Summary
The Veteran, an honorably discharged Navy veteran who served from March 2014 to May 2019, appeals a July 2023 rating decision concerning his bilateral dry eye syndrome. The Board previously granted a 10 percent rating for this condition in January 2025, but the Veteran appealed for a higher rating. The United States Court of Appeals for Veterans Claims (CAVC) remanded the case in January 2026 for review of the higher rating. The Veteran contends that his bilateral dry eye syndrome warrants a higher rating and a different analogous Diagnostic Code (DC) to reflect his symptoms. VA treatment records are silent regarding dry eye syndrome. A June 2023 VA examination diagnosed bilateral dry eye syndrome with burning and irritation, treated with eye drops, but found no visual acuity decrease or other visual impairment impacting work. The Board found that Diagnostic Code 6025, disorders of the lacrimal apparatus, is the most analogous code for dry eye syndrome. Applying the criteria for bilateral involvement under DC 6025, and resolving reasonable doubt in the Veteran's favor, the Board granted a 20 percent rating for his bilateral dry eye syndrome. The Board also noted that a claim for TDIU was not raised.
Rationale
Board finds DC 6025 (disorders of the lacrimal apparatus) analogous to dry eye syndrome.; DC 6025 assigns 10% for unilateral and 20% for bilateral involvement.; Resolving reasonable doubt in Veteran's favor, 20% rating granted for bilateral involvement.
Full Decision Text
Citation Nr: A26040815 Decision Date: 04/30/26 Archive Date: 04/30/26 DOCKET NO. 230905-374064 DATE: April 30, 2026 ORDER Entitlement to a 20 percent rating for bilateral dry eye syndrome is granted. FINDING OF FACT The Veteran has bilateral dry eye syndrome manifested by irritation and burning sensation and is analogous to a disorder of the lacrimal apparatus. CONCLUSION OF LAW The criteria for a 20 percent rating 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, 4.79, Diagnostic Code 6025. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Navy from March 2014 to May 2019. His awards and decorations include the Global War on Terrorism Service Medal, National Defense Service Medal, and Sea Service Deployment Ribbon, among others. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2023 rating decision of an agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). In the September 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the July 2023 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 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. Cook v. McDonough, 36 Vet. App. 175 (2023). Finally, the Board finds that a claim for entitlement to a total rating based upon individual unemployability (TDIU) has not been raised by the Veteran or the evidence of record. Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009) (stating that a claim for individual unemployability benefits "involves an attempt to obtain an appropriate rating for a disability or disabilities, either as part of the initial adjudication of a claim or, if a disability upon which entitlement to a total disability rating based on individual unemployability is based has already been found to be service connected, as part of a claim for increased compensation"). Thus, it is not an issue before the Board at this time. Increased Rating for Bilateral Dry Eye Syndrome The Veteran contends that his bilateral dry eye syndrome warrants a higher rating and a different analogous Diagnostic Code (DC) to properly reflect his disability symptoms. Procedural History In January 2025, the Board issued a decision granting a 10 percent rating for the Veteran's bilateral dry eye syndrome. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In January 2026, the Court granted the parties' joint motion for partial remand (JMPR), and vacated the portion of the January 2025 Board decision that denied a rating in excess of 10 percent for the Veteran's bilateral dry eye syndrome. The matter has been returned to the Board for review. Increased Rating Legal Criteria Disability ratings are determined by comparing a Veteran's present symptomatology with criteria set forth in VA's Schedule for Rating Disabilities (Rating Schedule), which is based on average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. When evaluating the severity of a disability, it is essential the disability is considered in the context of its entire recorded history. 38 C.F.R. § 4.1; Peyton v. Derwinski, 1 Vet. App. 282 (1991). Where entitlement to compensation already has been established and an increase in . The matter has been returned to the Board for review. Increased Rating Legal Criteria Disability ratings are determined by comparing a Veteran's present symptomatology with criteria set forth in VA's Schedule for Rating Disabilities (Rating Schedule), which is based on average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. When evaluating the severity of a disability, it is essential the disability is considered in the context of its entire recorded history. 38 C.F.R. § 4.1; Peyton v. Derwinski, 1 Vet. App. 282 (1991). Where entitlement to compensation already has been established and an increase in the disability rating is at issue, the present level of disability is of primary importance. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). But, if the factual findings show distinct time periods when the service-connected disability exhibits symptoms that would warrant different ratings, then separate ratings may be assigned for separate periods of time based on the facts found. This practice is known as "staged" ratings and is employed for initial or established ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). If the disability more closely approximates the criteria for the higher of two ratings, the higher rating will be assigned; otherwise, the lower rating is assigned. 38 C.F.R. § 4.7. In general, it is not expected that all cases will show all the findings specified; however, findings sufficiently characteristic to identify the disease and the disability therefrom and coordination of rating with impairment of function will be expected in all instances. 38 C.F.R. § 4.21. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability, such doubt will be resolved in favor of the Veteran. 38 C.F.R. § 4.3. Rating Criteria The Veteran's bilateral dry eye disability is currently rated as 10 percent disabling under Diagnostic Code 6018 for chronic conjunctivitis. Dry eye syndrome is not specifically listed in the rating schedule and; therefore, must be rated analogous to a disability where not only the same or similar functions are affected, but anatomical localization and symptoms, are closely related. The Board finds that Diagnostic Code 6025, disorders of the lacrimal apparatus, is more analogous to the Veteran's dry eye syndrome given that dry eye syndrome is a lacrimal system condition and requires the Veteran's use of eye drops. Indeed, Diagnostic Code 6025 contemplates an eye disability involving "the secretion and circulation of tears and the normal fluid of the conjunctival sac." See Dorland's Illustrated Medical Dictionary 118 (32nd ed. 2012). Diagnostic Code 6025 assigns a 10 percent rating for evidence of a disorder of the lacrimal apparatus affecting one eye, while a 20 percent rating is assigned for evidence of a disorder of the lacrimal apparatus affecting both eyes. 38 C.F.R. § 4.79. Evidence and Analysis Turning to the evidence, VA treatment records are silent for reports of or treatment for dry eye syndrome. In June 2023, the Veteran was provided with a VA examination for his eyes. The report shows a diagnosis of bilateral dry eye syndrome. The Veteran reported experiencing burning sensation and eye irritation. He used eye drops to alleviate symptoms. On examination, visual acuity was 20/20 in all areas tested. There was no astigmatism and no diplopia. Slit lamp examination revealed abnormal cornea due to diagnosis of bilateral dry eye syndrome. There was no visual field defect. It was noted that the Veteran had a lacrimal system condition, diagnosed as dry eye syndrome. However, there was no disorder of the lacrimal apparatus to include epiphora or dacryocystitis. There was no decrease in visual acuity or other visual impairment due to dry eye syndrome. There were no incapacitating episodes. The condition did not impact the Veteran's ability to work. Here, the Board finds that a 20 percent rating for bilateral dry eye syndrome is warranted under Diagnostic Code 6025 for bilateral involvement. Significantly, Diagnostic Code 6025 does not list any specific symptoms that are required to be present in order to qualify for a compensable rating. Rather, as noted, the condition is rated 10 percent disabling if it is unilateral and 20 percent disabling if it is bilateral. This is disorder of the lacrimal apparatus to include epiphora or dacryocystitis. There was no decrease in visual acuity or other visual impairment due to dry eye syndrome. There were no incapacitating episodes. The condition did not impact the Veteran's ability to work. Here, the Board finds that a 20 percent rating for bilateral dry eye syndrome is warranted under Diagnostic Code 6025 for bilateral involvement. Significantly, Diagnostic Code 6025 does not list any specific symptoms that are required to be present in order to qualify for a compensable rating. Rather, as noted, the condition is rated 10 percent disabling if it is unilateral and 20 percent disabling if it is bilateral. This is the maximum rating assignable under Diagnostic Code 6025. There is no other relevant Diagnostic Code that would allow for a higher rating. In light of the foregoing, and resolving reasonable doubt in favor of the Veteran, the Board finds that a 20 percent rating is warranted for his bilateral dry eye syndrome under Diagnostic Code 6025. 38 U.S.C. § 5107(b), Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). Colleen M. Glaser-Allen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Seay, Jessica M. 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.