Glaucoma decisions — 2002

The veteran's claim for special monthly pension based on need for regular aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit due to his overall condition, which is not one of helplessness requiring the aid and attendance of another person.

The Board denied the veteran's claims for service connection for hypertension, glaucoma, and arteriosclerotic heart disease (ASHD). The denial was based on a lack of evidence linking these conditions to his military service.

The Board denied service connection for arthritis, glaucoma, and calluses. The veteran's claims were based on the presumption of soundness at entry into service, but there is no evidence of arthritis or glaucoma in service or within one year after separation. Calluses are not shown to have been incurred during service.

The Board has determined that the creation of the overpayment was due to administrative failure and not fraud, misrepresentation or bad faith. The veteran's claim for continued increased compensation rates and his daughter's Dependents' Educational Assistance (DEA) were submitted under the same cover letter in September 1995, putting VA on notice of both benefits sought. As a result, recovery of the overpayment is against equity and good conscience.

The Board found no service connection for cataracts and glaucoma secondary to exposure to ionizing radiation, as the evidence did not establish a causal link between the veteran's current conditions and his military service.

The VA denied the veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, as his conditions do not prevent him from securing or following substantially gainful employment.

The Board found that the residuals of a right eye injury, including angle recession glaucoma and traumatic cataract with loss of vision, are not the result of disease or injury incurred in or aggravated by military service.

The VA determined that the veteran's disabilities do not render him unable to adequately attend to daily living needs or substantially confined to his dwelling and immediate premises, thus denying special monthly pension benefits based on need for regular aid and attendance.

The veteran's claim for service connection for glaucoma was denied. The claims for service connection for blood in the urine, hypertension, and pyorrhea were not reopened due to lack of new and material evidence. Service connection was granted for a low back disorder.

The Board has determined that the veteran's bilateral glaucoma warrants an initial 30 percent evaluation from October 1, 1991 to May 22, 1994 and a current 20 percent evaluation since then.

The Board denied the veteran's claim for an increased rating for his glaucoma, finding that it did not meet the criteria for a higher evaluation than the current 50 percent assigned.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of a nexus between his current disabilities and his military service.

The Board has denied the claims for service connection for arthritis, a liver disorder, and glaucoma. The evidence does not support a finding that these conditions are related to military service.

The veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board found no evidence of any current eye disorders related to service, and denied the veteran's claim for service connection.