Citation Nr: 22018306 Decision Date: 03/29/22 Archive Date: 03/28/22 DOCKET NO. 18-42 590A DATE: March 29, 2022 ORDER Service connection for primary optic atrophy of the left eye is granted. FINDING OF FACT Resolving all doubt in favor of the Veteran, his currently diagnosed primary optic atrophy of the left eye had its onset during his military service. CONCLUSION OF LAW The criteria for service connection for primary optic atrophy of the left eye have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 2006 to March 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in November 2017 by a Department of Veterans Affairs (VA) Regional Office. In November 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for an eye disorder. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Direct service connection may not be granted without evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury. Id.; see also Caluza v. Brown, 7 Vet. App. 498, 506 (1995) aff'd, 78 F.3d 604 (Fed. Cir. 1996). However, refractive errors of the eyes are congenital or developmental defects and are not a disease or injury within the meaning of applicable legislation. In the absence of superimposed disease or injury, service connection may not be allowed for refractive error of the eyes, including myopia, presbyopia, and astigmatism, even if visual acuity decreased in service, as this is not a disease or injury within the meaning of applicable legislation relating to service connection. 38 C.F.R. §§ 3.303(c), 4.9; VAOPGCPREC 82-90 (July 18, 1990) (cited at 55 Fed. Reg. 45,711) (Oct. 30, 1990). The Veteran contends that he has a current eye disorder that had its onset during his military service. Specifically, he testified that he learned that he had no peripheral vision in his left eye during his separation examination. In this regard, while the Veteran's service treatment records (STRs) document a refractive error on his August 2005 enlistment examination and in December 2006, diagnosed as myopia and astigmatism, and there is no separation examination on file, a December 2009 left eye field analysis that was conducted during service showed visual changes. In April 2018, the Veteran was afforded a VA examination, at which time the examiner found that he did not have an eye diagnosis. In this regard, she noted that the Veteran had early signs of glaucoma, but did not have a diagnosis of full blown glaucoma at the time of the examination. Thus, she concluded there was no objective evidence to support the presence of an eye condition at the time. Nonetheless, such examination revealed an enlarged optic nerve in the left eye and no visual field testing was performed. However, in a September 2018 Disability Benefits Questionnaire, Dr. D.H. indicated that the Veteran had a current diagnosis of primary optic atrophy of the left eye since 2009. In this regard, he conducted a full optic evaluation, to include visual field testing. Dr. D.H. noted the Veteran's visual field changes on examination in 2009, without noted work up or diagnosis, and changes during the instant examination included cupping, atrophy of the left eye, and notable asymmetry. He also stated that the Veteran's decrease in visual acuity or other visual impairment was attributed to his primary optic atrophy of the left eye. The Board notes that Dr. D.H. also noted a diagnosis of suspect glaucoma. However, as the April 2018 VA examiner and Dr. D.H. could not confirm a diagnosis of glaucoma, service connection for such disorder is not warranted. Nonetheless, based on the foregoing, the Board resolves all doubt in favor of the Veteran and finds that his currently diagnosed primary optic atrophy of the left eye had its onset during his military service. Specifically, Dr. D.H. noted that the Veteran had such diagnosis since 2009 during service, which is supported by the December 2009 left eye field analysis. Thus, service connection for such disorder is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Clark 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.