(a) Visual impairment. The evaluation of visual impairment is based on impairment of visual acuity (excluding developmental errors of refraction), visual field, and muscle function.
(b) Examination for visual impairment. The examination must be conducted by a licensed optometrist or by a licensed ophthalmologist. The examiner must identify the disease, injury, or other pathologic process responsible for any visual impairment found. Examinations of visual fields or muscle function will be conducted only when there is a medical indication of disease or injury that may be associated with visual field defect or impaired muscle function. Unless medically contraindicated, the fundus must be examined with the claimant's pupils dilated.
(c) Service-connected visual impairment of only one eye. Subject to the provisions of 38 CFR 3.383(a), if visual impairment of only one eye is service-connected, the visual acuity of the other eye will be considered to be 20/40 for purposes of evaluating the service-connected visual impairment.
(d) Maximum evaluation for visual impairment of one eye. The evaluation for visual impairment of one eye must not exceed 30 percent unless there is anatomical loss of the eye. Combine the evaluation for visual impairment of one eye with evaluations for other disabilities of the same eye that are not based on visual impairment (e.g., disfigurement under diagnostic code 7800).
(e) Anatomical loss of one eye with inability to wear a prosthesis. When the claimant has anatomical loss of one eye and is unable to wear a prosthesis, increase the evaluation for visual acuity under diagnostic code 6063 by 10 percent, but the maximum evaluation for visual impairment of both eyes must not exceed 100 percent. A 10-percent increase under this paragraph precludes an evaluation under diagnostic code 7800 based on gross distortion or asymmetry of the eye but not an evaluation under diagnostic code 7800 based on other characteristics of disfigurement.
(f) Special monthly compensation. When evaluating visual impairment, refer to 38 CFR 3.350 to determine whether the claimant may be entitled to special monthly compensation. Footnotes in the schedule indicate levels of visual impairment that potentially establish entitlement to special monthly compensation; however, other levels of visual impairment combined with disabilities of other body systems may also establish entitlement.
(Authority: 38 U.S.C. 1114 and 1155)
[73 FR 66549, Nov. 10, 2008]
Notes of Decisions
Cited in
15
cases, 1991–2020 · leading case:
Browder v. Derwinski, 1 Vet. App. 204 (Vet. App. 1991).
Browder v. Derwinski, 1 Vet. App. 204 (Vet. App. 1991).
· cites it 2× “The Secretary notes that appellant’s corrected visual acuity in his right eye remained at 20/40 at both induction and discharge and cites 38 C.F.R. § 4.75 (1990) which deals with examinations of visual acuity.”
Browder v. Brown, 5 Vet. App. 268 (Vet. App. 1993).
“Whether or not any subjective factors inherent in the Snellen Test create presumptions of error or inaccuracy, it is the method used here and prescribed by VA regulation for determin *272 ing visual acuity ( 38 C.F.R. § 4.75 (1992)), and, therefore, the BVA is required to accept…”
Meeks v. Brown, 5 Vet. App. 284 (Vet. App. 1993).
“400 (b)(2) require a compensable rating as of the day following the date of discharge, and if so, the percentage of disability to be so awarded and the effect of 38 C.F.R. §§ 4.75 , 4.76, and 4.76a (1992), if any, on such determination.”
11-24 658 (Board of Vet. App. 2016).
· cites it 6× “§§ 1155 , 5107 (West 2014); 38 C.F.R. §§ 4.75 , 4.78, 4.79, 4.80, 4.84a, Diagnostic Codes 6061 to 6080 (2008); 38 C.”
10-08 221 (Board of Vet. App. 2018).
· cites it 3× “See 38 C.F.R. § 4.75 (a) (2017). Impairment of central visual acuity is evaluated on the basis of corrected distance vision with central fixation, even if a central scotoma is present.”
190507-9032 (Board of Vet. App. 2019).
· cites it 2× “38 C.F.R. § 4.75 (a). Examinations of visual impairment must be conducted by a licensed optometrist or ophthalmologist and the examiner must identify the disease, injury, or other pathologic process for any visual impairment found; examinations of visual field or muscle function…”
10-43 167 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 4.75 , 4.76, 6.79. The symptoms of hypothyroidism that remain following the RAI treatment may be properly considered under DC 7903 for hypothyroid disabilities.”
09-10 377 (Board of Vet. App. 2017).
“Under 38 C.F.R. § 4.75 , if there is a difference of more than 4 diopters of spherical corrections between the two eyes, the best possible visual acuity of the poorer eye without glasses or with a lens of not more than 4 diopters difference from that used with the better eye…”
10-15 151 (Board of Vet. App. 2017).
“38 C.F.R. § 4.75 (2016). In regard to the method of rating impairment of visual acuity, 38 C.”
13-09 174 (Board of Vet. App. 2017).
“38 C.F.R. §§ 4.75 , 4.79, Diagnostic Code 6013.”
12-33 697 (Board of Vet. App. 2017).
“See 38 C.F.R. §§ 4.75 , 4.76. Impairment of central visual acuity warrants a zero percent, or noncompensable, rating when the vision in both eyes is 20/40 (6/12) or better.”
09-38 086 (Board of Vet. App. 2018).
“See 38 C.F.R. §§ 4.75 , 4.76. Impairment of central visual acuity warrants a zero percent, or noncompensable, rating when the vision in both eyes is 20/40 (6/12) or better.”
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