Glaucoma decisions — 2010

The Board has remanded the case due to inadequate development of service treatment records and examination findings. The appellant's claim for service connection for residuals of a left eye injury, including astigmatism, is pending.

The Veteran's claim for special monthly compensation at the housebound rate has been denied as he does not meet the criteria for this benefit.

The Veteran's claims for service connection for diabetes mellitus, type II, bilateral glaucoma, hypertension, and heart disease as secondary to diabetes mellitus, type II are denied due to lack of legal merit. The Veteran did not serve in the Republic of Vietnam and is not entitled to a presumption of exposure to herbicide agents such as Agent Orange.

The Veteran's ocular hypertension and glaucoma suspect were not incurred in or aggravated by active duty. The Veteran's cerebral abscesses have been rated at a 20 percent disability rating for residual fine tremors of the hand, effective December 1, 2006.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective November 17, 2006. The Board finds that the evidence did not establish he was unemployable prior to this date.

The Veteran's glaucoma and hypertension were not incurred or aggravated in service, nor are they related to his diabetes mellitus. The Board finds a preponderance of the evidence against these claims.

The Veteran's appeal of service connection for a disability manifested by nightmares of war is dismissed as his claim was granted in full. The remaining issues previously treated as withdrawn are addressed, including chronic fatigue syndrome, joint pain, ALS, and muscle pain.

The Veteran's appeals for service connection for various conditions have been dismissed due to his withdrawal of the appeals.

The Veteran's claims for service connection for asbestosis, high cholesterol, hypertension, and elevated eye pressure to include glaucoma were denied. The Veteran's claim for an initial evaluation in excess of 20 percent for diabetes mellitus, type II was granted with a rating of 20%. His claim for an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) was also granted.

The Veteran's service-connected conditions do not preclude him from substantially gainful employment.

The Board found that the appellant, who was born with congenital glaucoma and became blind at age 22, was not permanently incapable of self-support prior to attaining the age of 18. Therefore, she cannot be recognized as a helpless child of her father.

The Board found that the Veteran's additional disability (near total loss of vision in his left eye) was not caused by VA carelessness, negligence, or other fault. The decision denied compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded for additional development to address the issues of service connection and TDIU.

The Board denied the Veteran's claims for service connection for hepatitis C, glaucoma, and dental treatment purposes. The claim for a disability rating greater than 10 percent for left varicocele with referred pain in the left flank and testicle was also denied as there was no evidence of emergency medical care.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining outstanding VA treatment records and service personnel records.