Citation Nr: 21011460 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 14-20 687A DATE: March 1, 2021 ORDER Service connection for loss of visual acuity of the right eye due to astigmatism is granted. FINDING OF FACT The Veteran’s preexisting loss of visual acuity of the right eye due to astigmatism was aggravated beyond its natural progression by a period of service. CONCLUSION OF LAW The criteria for service connection for loss of visual acuity of the right eye due to astigmatism have been met. 38 U.S.C. §§ 1101, 1110, 1131; 38 C.F.R. §§ 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from August 30, 1972 to August 29, 1975. This matter comes to the Board of Veterans’ Affairs (Board) on appeal from a May 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in September 2018, and a transcript of the hearing is of record. This matter was previously before the Board, and, in February 2019 and July 2020, the Board remanded this matter for further development. Further development in substantial compliance with the Board’s previous remand instructions have been completed. Service connection for loss of visual acuity of the right eye due to astigmatism is granted. At issue is whether the Veteran is entitled to service connection for loss of visual acuity due to astigmatism. The weight of the evidence indicates that the Veteran is entitled service connection for loss of visual acuity of the right eye. The Veteran’s service treatment records indicate a loss of visual acuity. The Veteran underwent an examination upon entering service. The Veteran’s distance vision was evaluated as 20/100 in the right eye. The Veteran underwent another examination upon separation from service. The Veteran’s distance vision was 20/200 in the right eye. This suggests that the Veteran’s loss of visual acuity in the right eye was aggravated during a period of service. Nevertheless, loss of visual acuity is congenital. Service connection may be granted for congenital diseases but not defects. A congenital defect is more or less stationary in nature. A congenital disease, however, is capable of improving or deteriorating. VAOPGCPREC 82-90 (July 18, 1990); VAOPGCPREC 67-90 (July 18, 1990). Service connection, however, may be also be granted for conditions superimposed upon congenital defects. The Veteran was provided a VA medical opinion in November 2020. The examiner opined that the Veteran had an astigmatism that was at least as likely as not was congenital. The examiner further opined that the Veteran’s astigmatism was capable of deterioration. The examiner concluded that the Veteran’s current visual acuity of the right eye was stationary. Finally, the examiner opined that there was no disability superimposed on the Veteran’s congenital astigmatism. The weight of the evidence indicates that the Veteran is entitled to service connection. The weight of the evidence indicates that the Veteran’s astigmatism is a congenital disease, because a VA examiner opined that it is capable of deterioration. Additionally, the Veteran’s service treatment records indicate that the Veteran’s distance vision deteriorated from 20/100 to 20/200 during his period of service. This is sufficient to demonstrate that the Veteran’s preexisting vision loss was aggravated by a period of service. Here, the weight of the probative evidence of record demonstrates that the Veteran’s loss of visual acuity of the right eye due to astigmatism was aggravated by a period of service. Therefore, the evidence in this case is evenly balanced enough so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such, service connection for loss of visual acuity of the right eye due to astigmatism is granted. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.