(a) Examination of visual acuity. Examination of visual acuity must include the central uncorrected and corrected visual acuity for distance and near vision using Snellen's test type or its equivalent.
(b) Evaluation of visual acuity. (1) Evaluate central visual acuity on the basis of corrected distance vision with central fixation, even if a central scotoma is present. However, when the lens required to correct distance vision in the poorer eye differs by more than three diopters from the lens required to correct distance vision in the better eye (and the difference is not due to congenital or developmental refractive error), and either the poorer eye or both eyes are service connected, evaluate the visual acuity of the poorer eye using either its uncorrected or corrected visual acuity, whichever results in better combined visual acuity.
(2) Provided that he or she customarily wears contact lenses, evaluate the visual acuity of any individual affected by a corneal disorder that results in severe irregular astigmatism that can be improved more by contact lenses than by eyeglass lenses, as corrected by contact lenses.
(3) In any case where the examiner reports that there is a difference equal to two or more scheduled steps between near and distance corrected vision, with the near vision being worse, the examination report must include at least two recordings of near and distance corrected vision and an explanation of the reason for the difference. In these cases, evaluate based on corrected distance vision adjusted to one step poorer than measured.
(4) To evaluate the impairment of visual acuity where a claimant has a reported visual acuity that is between two sequentially listed visual acuities, use the visual acuity which permits the higher evaluation.
(Authority: 38 U.S.C. 1155)
[73 FR 66549, Nov. 10, 2008]
Notes of Decisions
Cited in
10
cases, 2015–2019 · leading case:
11-24 658 (Board of Vet. App. 2016).
11-24 658 (Board of Vet. App. 2016).
· cites it 4× “38 C.F.R. § 4.76 (2008). Under 38 C.F.R. § 4 .”
09-48 267 (Board of Vet. App. 2017).
· cites it 3× “See 38 C.F.R. §§ 4.76 , 4.76a, 4.84a (2007). Furthermore, the schedule requires that "[n]ot less than 2 recordings, and when possible, 3 will be made.”
10-15 151 (Board of Vet. App. 2017).
· cites it 3× “In regard to the method of rating impairment of visual acuity, 38 C.F.R. § 4.76 directs that an examination of visual acuity must include the central uncorrected and corrected visual acuity for distance and near vision using Snellen's test type or its equivalent.”
10-08 221 (Board of Vet. App. 2018).
· cites it 2× “38 C.F.R. § 4.76 (2017). Visual acuity is evaluated from noncompensable to 100 percent based upon the degree of the resulting impairment of visual acuity or field loss, pain, rest-requirements, or episodic incapacity, combining an additional rating of 10 percent during…”
09-10 377 (Board of Vet. App. 2017).
“Under 38 C.F.R. § 4.76 , the best distant visual acuity obtainable after best correction by glasses will be the basis of ratings for visual acuity (except in cases of keratoconus when contact lenses are required).”
04-31 184 (Board of Vet. App. 2018).
“38 C.F.R. § 4.76 (b). Under Diagnostic Code 6066, a 10 percent rating is warranted for impairment of central visual acuity when corrected visual acuity is: (1) 20/100 in one eye and 20/40 in the other eye; (2) 20/70 in one eye and 20/40 in the other eye; (3) 20/50 in one eye and…”
180725-176 (Board of Vet. App. 2019).
“38 C.F.R. § 4.76 . Under Diagnostic Code 6066, a non-compensable rating is assigned for impairment of central visual acuity when vision in both eyes is correctable to 20/40.”
181004-864 (Board of Vet. App. 2019).
“38 C.F.R. § 4.76 (b). As for visual field impairment, 30 percent disability ratings are warranted for homonymous hemianopia, bilateral loss of temporal half of visual field, and for bilateral loss of inferior half of visual field.”
190507-9032 (Board of Vet. App. 2019).
“38 C.F.R. § 4.76 (b)(1). Evaluation of visual field is based on the remaining field of vision in each eye; the table of Ratings for Impairment of Visual Fields provides ratings for visual field loss.”
07-24 353 (Board of Vet. App. 2015).
“84a (2008); see also 38 C.F.R. § 4.76 (2015). Under the new criteria, where impairment of only one eye is service-connected, the visual acuity of the non-service-connected eye shall be considered 20/40 for evaluation purposes.”
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