Citation Nr: 21022482 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 18-21 818 DATE: April 15, 2021 ORDER A rating in excess of 30 percent for right eye cataract with glaucoma is denied. Eligibility for payment or reimbursement for an automobile or other conveyance and adaptive equipment or adaptive equipment only is denied. FINDINGS OF FACT 1. The Veteran’s right eye cataract with glaucoma has been manifested by no more than one eye having no more than light perception and the other eye considered 20/40 or better (non-service-connected) throughout the claim period. See VA Examinations dated February 2013, January 2015, October 2017. 2. The Veteran’s service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. See, e.g., VA Examinations dated February 2013, January 2015, October 2017 (showing no permanent impairment of vision in both eyes). CONCLUSIONS OF LAW 1. The criteria for a rating in excess of 30 percent for right eye cataract with glaucoma are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.79, Diagnostic Code 6027. 2. The criteria for eligibility for payment or reimbursement for an automobile or other conveyance and adaptive equipment or adaptive equipment only are not met. 38 U.S.C. §§ 3901, 3902, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.350, 3.808. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army from December 1972 to December 1992. This case is before the Board of Veterans’ Appeals (Board) on appeal from April 2015 and June 2016 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Lakewood, Colorado. 1. Right Eye Cataract with Glaucoma The Veteran’s right eye cataract with glaucoma is currently rated as 30 percent disabling throughout the claim period under the General Rating Formula for Diseases of the Eye. Under the General Rating Formula, a rating in excess of 30 percent for a disability of one eye only requires either documented incapacitating episodes requiring at least five treatment visits in the past twelve months or anatomical loss of the eye. In brief, there is no evidence throughout the claim period of any incapacitating episodes or of anatomical loss of the Veteran’s right eye. Rather, VA examinations throughout the claim period all reflect findings of no incapacitating episodes and all indicate that there has been no anatomical loss of the Veteran’s right eye. See VA Examinations dated February 2013, January 2015, October 2017. The findings of these VA examinations are competent, credible, and entitled to significant weight. Moreover, there is no evidence to the contrary. Therefore, the Board finds that an increased rating in excess of 30 percent is not warranted. 2. Automobile Allowance Veterans or service members with certain service-connected disabilities may be found eligible to receive financial assistance in acquiring one automobile or other conveyance and adaptive equipment, or adaptive equipment only. 38 U.S.C. § 3901. Eligibility for assistance to purchase a vehicle and adaptive equipment is warranted where one of the following exists as the result of injury or disease incurred or aggravated during active service: (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes, meaning central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; (4) severe burn injury precluding effective operation of an automobile; (5) amyotrophic lateral sclerosis; or, (6) for adaptive equipment only, ankylosis of one or both knees or one or both hips. 38 U.S.C. § 3901; 38 C.F.R. § 3.808. The Veteran is service-connected for posttraumatic stress disorder, obstructive sleep apnea, a low back disability, right eye cataract with glaucoma, hypertensive heart disease, hiatal hernia, seborrheic dermatitis, tinnitus, hypertension, bilateral hearing loss, leg scars, and a chest scar. He contends that he is entitled to an automobile allowance due to his service-connected right eye disability. However, as noted above, an automobile allowance on the basis of visual impairment requires permanent impairment of vision of both eyes. In this case, only the Veteran’s right eye is service connected. In addition, there is no evidence throughout the claim period of loss or loss of use of a hand or foot, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Nor has the Veteran reported any of these disabilities. Therefore, the Board finds that eligibility for payment or reimbursement for an automobile or other conveyance and adaptive equipment or adaptive equipment only is not warranted. S.C. KREMBS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Timmerman, Associate Counsel 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.