Denied dry eye syndrome from PRK surgery.

[rigo8582]

I made a claim for bilateral dry eye from PRK surgery and was denied. I'm wondering if I could set some opinions on what the appeal battle would be like for this. Here is the Reasons for decision below:

Service connection may be granted for disability which began in military service or was caused by some event or experience in service.

VA examiner noted that although you have a history of PRK that could be contributing to your dry eyes, you also use a CPAP machine for sleep apnea which is most likely contributing to your dry eyes. It was noted that you do not consistently treat your dry eyes.

Service connection for bilateral dry eye syndrom (also claimed as bilateral eye condition) is denied since this condidition neither occurred in nor was caused by service.

Appreciate any advice on this.

Edited April 6, 2018 by rigo8582

[Buck52]

What evidence did you use for your claim? for dry eyes?

Can you relate your sleep apnea to your military service? do you have any medical records from military about your S.A.? 

If not, if you snored while in military can you get buddy letters to give testimony that you were in the same unit and heard you snore  ect,,ect,,

your going to need a condition to be related to or secondary to an already S.C. Condition and of course help from a Dr   (IMO) Independent medical opinion to help you nexus that your condition your claiming was related to your military service......without service connection its impossible to win a CLAIM.

[Berta]

I agree....this needs an inservice nexus. ..or is the result of a an established SC condition.Was the surgery done in service?

 

https://www.va.gov/vetapp12/files2/1209433.txt

Secondary dry eye syndrome, right eye, due to inservice PRK.

https://www.va.gov/vetapp15/files3/1522780.txt

Veteran had received a “0” SC rating for dry eyes but fell into the 10% rating criteria in this decision. The Dry Eye rating criteria is in the decision.

 

[rigo8582]

The PRK surgery was done while I was in the military by the military at Keesler AFB to be exact. The reality is I've had dry eyes ever since the surgery which done in 2005. I originally denied a claim for the left cuz the guy that did my claims did Eye Pain and I'll be honest I didn't know anything back then. Also since the surgery was elective I was under the impression that I couldn't make any claims against.

As far as sleep apnea I'm starting the appeal on that now to get it secondary to my service connected GERD.

It seemed odd to me to say the VA examiner said the PRK surgery could cause it but not make it service connected at even a 0%. At least 0% I could atleast get eye drops without a copay.

Edited April 6, 2018 by rigo8582

[Berta]

In one of the BVA decisions abo0ve the BVA makes the point that:

"During the pendency of the appeal, the criteria for rating eye disabilities changed. However, because the Veteran filed her claim prior to December 10, 2008, the appeal will be considered under the former criteria. 73 Fed. Reg. 66543 (Nov. 10, 2008)."

You have the inservice nexus but  this does not make sense:

"It seemed odd to me to say the VA examiner said the PRK surgery could cause it but not make it service connected at even a 0%. At least 0% I could atleast get eye drops without a copay."

By "it" did the examiner mean "dry eyes" or just ' eye pain' as it seems the claim was filed for-

Can you scan and attach your  VA denial  decision here?( Cover C file #, name, addres prior to scanning it)

Edited 50 minutes ago by 

[rigo8582]

11 hours ago, Berta said:

In one of the BVA decisions abo0ve the BVA makes the point that:

"During the pendency of the appeal, the criteria for rating eye disabilities changed. However, because the Veteran filed her claim prior to December 10, 2008, the appeal will be considered under the former criteria. 73 Fed. Reg. 66543 (Nov. 10, 2008)."

You have the inservice nexus but  this does not make sense:

"It seemed odd to me to say the VA examiner said the PRK surgery could cause it but not make it service connected at even a 0%. At least 0% I could atleast get eye drops without a copay."

By "it" did the examiner mean "dry eyes" or just ' eye pain' as it seems the claim was filed for-

Can you scan and attach your  VA denial  decision here?( Cover C file #, name, addres prior to scanning it)

Edited 50 minutes ago by 

I mean the dry eyes which was this claim was for. I did have a left eye pain claim that was denied that was filed back 2008 my apologies for not being more specific about that. This claim was only for bilateral dry eyes.

 

Edited April 7, 2018 by rigo8582

[Berta]

Can you prove that the  Dry eyes condition started before you were using a CPAP machine?

This article is not a medical  article but does say that leaks in the CPAP can cause dry eyes.

http://www.sleep-apnea-guide.com/dry-eyes-from-cpap.html

Maybe the examiner (they use google a lot) found this same article to deny the claim.

I do not think the examiner's rationale was strong enough.

Y9ou could appeal and say that your CPAP has no leak, nor any other reason that could cause dry eyes, and that the dry eye condition began after the PTK surgery and before you acquired a CPAP (if that can be found factual)-

or if you pursue the Sleep Apnea cclaim, and succeed, then you an use the examiner's statements as  dry eyes ,due to the sleep apnea, as evidence.

Here is a BVA search link for dry eyes:

https://www.index.va.gov/search/va/bva_search.jsp?QT=dry+eyes&EW=PRK&AT=&ET=&RPP=10&DB=2018&DB=2017&DB=2016&DB=2015

I have not accessed more date ranges or whether VA denied due to CPAP before.You might find something there that would help more, or try to find any medical articles that disprove a CPAP machine, working properly, could cause dry eyes.