BVA9505558 DOCKET NO. 93-08 118 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUE Entitlement to an increased rating for conjunctivitis of the right eye with chorioretinal scarring, currently rated 10 percent disabling. ATTORNEY FOR THE BOARD James. J. Dunphy, Counsel INTRODUCTION The veteran served on active duty from January 1985 to January 1989. He has also indicated that he is a member of the reserve forces. Service connection for conjunctivitis of the right eye was granted in a June 1992 rating action of the Department of Veterans Affairs (VA) Regional Office (RO). A noncompensable evaluation was assigned. In a July 1992 rating action, a 10 percent rating was awarded, effective the date the veteran's claim was received. The veteran continued to voice disagreement with the 10 percent rating, and the instant appeal ensued. In the veteran's substantive appeal, he raised concerns with the treatment regimen he was receiving, particularly the use of steroid eye drops. The type and method of medical treatment is not a matter within the jurisdiction of the Board of Veterans' Appeals (Board). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that the right eye disorder is more disabling than currently evaluated. He states that his visual acuity is worse than shown on examination. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence is against the veteran's claim for an increased rating for conjunctivitis of the right eye with chorioretinal scarring. FINDINGS OF FACT 1. The veteran is rated at the maximum schedular evaluation for active conjunctivitis. 2. Corrected visual acuity in the service-connected right eye is better than 20/40. CONCLUSION OF LAW A rating in excess of 10 percent for conjunctivitis of the right eye with chorioretinal scarring is not warranted. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. Part 4, Codes 6018, 6077, 6079 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, the Board notes that the veteran's claims are well grounded. By this, we mean that he has submitted claims which are plausible. The Board further concludes that the VA has met its statutory duty to assist the veteran in the development of his claim. 38 U.S.C.A. § 5107 (West 1991) The Board has noted the veteran's contentions that the examination afforded him by the VA was inadequate; however, the examination appears to be adequate. Moreover, the findings on this examination are consistent with other data on file. Accordingly, further examination is not indicated. The veteran was treated during service in October 1986 for conjunctivitis. A September 1987 treatment report showed residual right eye subepthilithelial infiltrates. When the veteran was examined in October 1988 for the purpose of separation from service, visual acuity in the right eye, uncorrected, was 20/50, correctable to 20/20. The veteran's current 10 percent rating reflects the maximum schedular rating for active conjunctivitis. 38 C.F.R. Part 4, Code 6018 (1994). For an increased rating to be granted, it must be shown that the veteran's visual acuity loss is of sufficient severity to warrant a rating in excess of 10 percent. A review of the medical evidence of record does not lead the Board to such a conclusion. The veteran was examined by the VA in May 1992. At that time, the pupils were equal, round and reactive to light and accommodation. The cornea was clear, but there was a rust deposit in the anterior cornea. Vision in the right eye was 20/40, correctable to 20/30, and visual fields were normal. A review of this evidence indicates that the worst visual acuity was that shown at separation from service, at 20/50, correctable to 20/20. The veteran does not argue that his visual acuity is worse, and he has not presented any evidence showing that the visual acuity is worse than 20/50. Under the pertinent diagnostic codes, for a rating of 10 percent for a unilateral eye disorder based on loss of visual acuity, it must be shown that the corrected visual acuity in the service-connected eye is no better than 20/50. 38 C.F.R. § 6079. For a rating of 20 percent to be warranted for a unilateral eye disorder based on loss of visual acuity, it must be shown that the corrected visual acuity in the service-connected eye is no better than 20/200. 38 C.F.R. Part 4, Code 6077 (1994). This is not the case here, as the veteran's corrected visual acuity has been better than 20/40. Under such circumstances, a rating in excess of 10 percent for the veteran's right eye disorder is not warranted. It should be pointed out that in rating visual loss, the nonservice-connected left eye is considered within normal limits in terms of visual acuity. In reaching the above decision, the Board has given due consideration to the potential application of the various provisions of 38 C.F.R. Parts 3 and 4, whether or not they were raised by the veteran, as required by Schafrath v. Derwinski, 1 Vet.App. 589 (1991). In particular, the Board finds that the evidence discussed above does not suggest that the veteran's service-connected right eye disorder presents such an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards so as to warrant the assignment of an extraschedular evaluation pursuant to the provisions of 38 C.F.R. § 3.321 (b)(1) (1994). For example, the disability in question did not recently require frequent periods of hospitalization, nor does it cause marked interference with employment which is not in some way already contemplated by the evaluations currently in effect. ORDER An increased rating for conjunctivitis of the right eye with chorioretinal scarring is denied. V. L. JORDAN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.