The Veteran's appeal for service connection for poor vision has been denied. The Veteran was not shown to have any visual impairment beyond refractive error, which is a developmental defect and not a compensable disability.,The Veteran's appeals for initial compensable ratings for residuals of right and left fifth hammer toe arthroplasty have been denied. The VA examination did not find all toes affected by hammer toes, thus preventing the assignment of a higher rating under DC 5282.,The Veteran's appeal for service connection for residuals of ventral hernia repair has been remanded due to incomplete records and need for an addendum opinion.

The deciding factor: Service connection may not be granted for refractive error of the eyes, including hyperopia, astigmatism, and presbyopia, even if visual acuity decreased in service.,There is no evidence of hammer toes of all toes, unliteral without claw foot. The Veteran's current foot disabilities do not meet the criteria for a compensable rating under DC 5282.,The VA examiner did not address the Veteran’s reported diagnosis of a hernia more than six months prior to her August 2007 emergency room visit.

Claimed conditions

poor vision, residuals of right fifth hammer toe arthroplasty, residuals of left fifth hammer toe arthroplasty, residuals of ventral hernia repair

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

April 18, 2019

Citation

19130629