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Denied dry eye syndrome from PRK surgery.

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rigo8582

Question

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 by rigo8582
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1 hour ago, Hamslice said:

Two wins and a remand, not a bad day at the VA.  Looks like you eye(s) could be secondary'd to you SA now.  

But, which came first the chicken or the egg, when looking at a EED.

Hamslice

 

I guess technically its two remands because my deviated septum was remanded. But I don't expect to win that as there was no injury to cause it. It was caught on my evaluation for tinnitus. But yeah I'm pretty surprised to have SA service connected.

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