Injuried eye

[brid3]

2 years ago the VA in Lakeland, FL removed cataracts from both of my eyes.  Individual eyes work great, bu they did not seem to work together.  The eye clinic scheduled an eye exam for me last year at a private eye doctor.  When I told him of my problem he looked and found that during the cataract surgery the tech that performed the procedure had nick an eye muscle.  Therefore the eyes will not work together.  It can be corrected by glasses.  Do I have any recourse on the VA.  They are the ones screwed up.

 

[broncovet]

Quite probably, yes.  You can persue an 1151 claim, and Berta will, hopefully, chime in on that.  I have no idea the extent of your compensation, if any.  

[Berta]

Yes, that can be pursed but I have no idea how they would rate-since glasses have corrected the problem, then again if you did not need glasses before the surgery, at all -the comp would be higher.

I had cataract surgery (I am a civilian) - I still need glasses for books and my PC but I never need them to drive anymore-what type of vision did the glasses correct? ( reading vision?)

Cataracts usually affect distance vision. Is that what caused the need for glasses?

[Buck52]

 brid3

This might help you.

4.79   Schedule of ratings—eye.

Diseases of the Eye

   Rating

General Rating Formula for Diseases of the Eye:

Evaluate on the basis of either visual impairment due to the particular condition or on incapacitating episodes, whichever results in a higher evaluation

With documented incapacitating episodes requiring 7 or more treatment visits for an eye condition during the past 12 months60

With documented incapacitating episodes requiring at least 5 but less than 7 treatment visits for an eye condition during the past 12 months40

With documented incapacitating episodes requiring at least 3 but less than 5 treatment visits for an eye condition during the past 12 months20

With documented incapacitating episodes requiring at least 1 but less than 3 treatment visits for an eye condition during the past 12 months10

Note (1): For the purposes of evaluation under 38 CFR 4.79, an incapacitating episode is an eye condition severe enough to require a clinic visit to a provider specifically for treatment purposes

Note (2): Examples of treatment may include but are not limited to: Systemic immunosuppressants or biologic agents; intravitreal or periocular injections; laser treatments; or other surgical interventions

Note (3): For the purposes of evaluating visual impairment due to the particular condition, refer to 38 CFR 4.75-4.78 and to §4.79, diagnostic codes 6061-6091

6000   Choroidopathy, including uveitis, iritis, cyclitis, or choroiditis.

6001   Keratopathy.

6002   Scleritis.

6006   Retinopathy or maculopathy not otherwise specified

6007   Intraocular hemorrhage.

6008   Detachment of retina.

6009   Unhealed eye injury.

Note: This code includes orbital trauma, as well as penetrating or non-penetrating eye injury

6010   Tuberculosis of eye:

Active100

Inactive: Evaluate under §4.88c or §4.89 of this part, whichever is appropriate

6011   Retinal scars, atrophy, or irregularities:

Localized scars, atrophy, or irregularities of the retina, unilateral or bilateral, that are centrally located and that result in an irregular, duplicated, enlarged, or diminished image10

Alternatively, evaluate based on the General Rating Formula for Diseases of the Eye, if this would result in a higher evaluation

6012   Angle-closure glaucoma

Evaluate under the General Rating Formula for Diseases of the Eye. Minimum evaluation if continuous medication is required10

6013   Open-angle glaucoma

Evaluate under the General Rating Formula for Diseases of the Eye. Minimum evaluation if continuous medication is required10

6014   Malignant neoplasms of the eye, orbit, and adnexa (excluding skin):

Malignant neoplasms of the eye, orbit, and adnexa (excluding skin) that require therapy that is comparable to those used for systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more extensive than to the area of the eye, or surgery more extensive than enucleation100

Note: Continue the 100 percent rating beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating will be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination will be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, evaluate based on residuals

Malignant neoplasms of the eye, orbit, and adnexa (excluding skin) that do not require therapy comparable to that for systemic malignancies:

Separately evaluate visual and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations

6015   Benign neoplasms of the eye, orbit, and adnexa (excluding skin):

Separately evaluate visual and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations

6016   Nystagmus, central10

6017   Trachomatous conjunctivitis:

Active: Evaluate under the General Rating Formula for Diseases of the Eye, minimum rating30

Inactive: Evaluate based on residuals, such as visual impairment and disfigurement (diagnostic code 7800)

6018   Chronic conjunctivitis (nontrachomatous):

Active: Evaluate under the General Rating Formula for Diseases of the Eye, minimum rating10

Inactive: Evaluate based on residuals, such as visual impairment and disfigurement (diagnostic code 7800)

6019   Ptosis, unilateral or bilateral:

Evaluate based on visual impairment or, in the absence of visual impairment, on disfigurement (diagnostic code 7800).

6020   Ectropion:

Bilateral20

Unilateral10

6021   Entropion:

Bilateral20

Unilateral10

6022   Lagophthalmos:

Bilateral20

Unilateral10

6023   Loss of eyebrows, complete, unilateral or bilateral10

6024   Loss of eyelashes, complete, unilateral or bilateral10

6025   Disorders of the lacrimal apparatus (epiphora, dacryocystitis, etc.):

Bilateral20

Unilateral10

6026   Optic neuropathy

6027   Cataract:

Preoperative: Evaluate under the General Rating Formula for Diseases of the Eye

Postoperative: If a replacement lens is present (pseudophakia), evaluate under the General Rating Formula for Diseases of the Eye. If there is no replacement lens, evaluate based on aphakia (diagnostic code 6029)

6029   Aphakia or dislocation of crystalline lens:

Evaluate based on visual impairment, and elevate the resulting level of visual impairment one step.

Minimum (unilateral or bilateral)30

6030   Paralysis of accommodation (due to neuropathy of the Oculomotor Nerve (cranial nerve III)).20

6032   Loss of eyelids, partial or complete:

Separately evaluate both visual impairment due to eyelid loss and nonvisual impairment, e.g., disfigurement (diagnostic code 7800), and combine the evaluations.

6034   Pterygium:

Evaluate under the General Rating Formula for Diseases of the Eye, disfigurement (diagnostic code 7800), conjunctivitis (diagnostic code 6018), etc., depending on the particular findings, and combine in accordance with §4.25

6035   Keratoconus

6036   Status post corneal transplant:

Evaluate under the General Rating Formula for Diseases of the Eye. Minimum, if there is pain, photophobia, and glare sensitivity10

6037   Pinguecula:

Evaluate based on disfigurement (diagnostic code 7800).

6040   Diabetic retinopathy

6042   Retinal dystrophy (including retinitis pigmentosa, wet or dry macular degeneration, early-onset macular degeneration, rod and/or cone dystrophy)

6046   Post-chiasmal disorders

Impairment of Central Visual Acuity

6061   Anatomical loss of both eyes1100

6062   No more than light perception in both eyes1100

6063   Anatomical loss of one eye:1

In the other eye 5/200 (1.5/60)100

In the other eye 10/200 (3/60)90

In the other eye 15/200 (4.5/60)80

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)60

In the other eye 20/50 (6/15)50

In the other eye 20/40 (6/12)40

6064   No more than light perception in one eye:1

In the other eye 5/200 (1.5/60)100

In the other eye 10/200 (3/60)90

In the other eye 15/200 (4.5/60)80

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)50

In the other eye 20/50 (6/15)40

In the other eye 20/40 (6/12)30

6065   Vision in one eye 5/200 (1.5/60):

In the other eye 5/200 (1.5/60)1100

In the other eye 10/200 (3/60)90

In the other eye 15/200 (4.5/60)80

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)50

In the other eye 20/50 (6/15)40

In the other eye 20/40 (6/12)30

6066   Visual acuity in one eye 10/200 (3/60) or better:

Vision in one eye 10/200 (3/60):

In the other eye 10/200 (3/60)90

In the other eye 15/200 (4.5/60)80

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)50

In the other eye 20/50 (6/15)40

In the other eye 20/40 (6/12)30

Vision in one eye 15/200 (4.5/60):

In the other eye 15/200 (4.5/60)80

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)40

In the other eye 20/50 (6/15)30

In the other eye 20/40 (6/12)20

Vision in one eye 20/200 (6/60):

In the other eye 20/200 (6/60)70

In the other eye 20/100 (6/30)60

In the other eye 20/70 (6/21)40

In the other eye 20/50 (6/15)30

In the other eye 20/40 (6/12)20

Vision in one eye 20/100 (6/30):

In the other eye 20/100 (6/30)50

In the other eye 20/70 (6/21)30

In the other eye 20/50 (6/15)20

In the other eye 20/40 (6/12)10

Vision in one eye 20/70 (6/21):

In the other eye 20/70 (6/21)30

In the other eye 20/50 (6/15)20

In the other eye 20/40 (6/12)10

Vision in one eye 20/50 (6/15):

In the other eye 20/50 (6/15)10

In the other eye 20/40 (6/12)10

Vision in one eye 20/40 (6/12):

In the other eye 20/40 (6/12)0

1Review for entitlement to special monthly compensation under 38 CFR 3.350.

Ratings for Impairment of Visual Fields

   Rating

6080   Visual field defects:

Homonymous hemianopsia30

Loss of temporal half of visual field:

Bilateral30

Unilateral10

Or evaluate each affected eye as 20/70 (6/21)

Loss of nasal half of visual field:

Bilateral10

Unilateral10

Or evaluate each affected eye as 20/50 (6/15)

Loss of inferior half of visual field:

Bilateral30

Unilateral10

Or evaluate each affected eye as 20/70 (6/21)

Loss of superior half of visual field:

Bilateral10

Unilateral10

Or evaluate each affected eye as 20/50 (6/15)

Concentric contraction of visual field:

With remaining field of 5 degrees:1

Bilateral100

Unilateral30

Or evaluate each affected eye as 5/200 (1.5/60)

With remaining field of 6 to 15 degrees:

Bilateral70

Unilateral20

Or evaluate each affected eye as 20/200 (6/60)

With remaining field of 16 to 30 degrees:

Bilateral50

Unilateral10

Or evaluate each affected eye as 20/100 (6/30)

With remaining field of 31 to 45 degrees:

Bilateral30

Unilateral10

Or evaluate each affected eye as 20/70 (6/21)

With remaining field of 46 to 60 degrees:

Bilateral10

Unilateral10

Or evaluate each affected eye as 20/50 (6/15)

6081   Scotoma, unilateral:

Minimum, with scotoma affecting at least one-quarter of the visual field (quadrantanopsia) or with centrally located scotoma of any size10

Alternatively, evaluate based on visual impairment due to scotoma, if that would result in a higher evaluation

1Review for entitlement to special monthly compensation under 38 CFR 3.350.

Ratings for Impairment of Muscle Function

Degree of diplopiaEquivalent
visual acuity

6090   Diplopia (double vision):

(a) Central 20 degrees5/200 (1.5/60)

(b) 21 degrees to 30 degrees

(1) Down15/200 (4.5/60)

(2) Lateral20/100 (6/30)

(3) Up20/70 (6/21)

(c) 31 degrees to 40 degrees

(1) Down20/200 (6/60)

(2) Lateral20/70 (6/21)

(3) Up20/40 (6/12)

Note: In accordance with 38 CFR 4.31, diplopia that is occasional or that is correctable with spectacles is evaluated at 0 percent.

6091   Symblepharon:

Evaluate under the General Rating Formula for Diseases of the Eye, lagophthalmos (diagnostic code 6022), disfigurement (diagnostic code 7800), etc., depending on the particular findings, and combine in accordance with §4.25

(Authority: 38 U.S.C. 1155)

[73 FR 66550, Nov. 10, 2008, as amend

[brid3]

I do have a prescription for reading glasses, but I did not need glasses for driving or watching television.  Because of their mistake I do need a prescription for driving and reading multi line sentences.

[Berta]

  "The eye clinic scheduled an eye exam for me last year at a private eye doctor.  When I told him of my problem he looked and found that during the cataract surgery the tech that performed the procedure had nick an eye muscle."

I suggest you get copies of all of your VA medical records, and the private ones from this eye doctor.

And see if the eye doctor would be willing do  an IMO/IME for you.

1151 IMO/IMEs are a little different than regular ones. I thought the VA could say they mitigated the damage with corrective glasses- however it appears the private doctor might have prescribed the corrective glasses-

When I net my eye surgeon, after he examined my eyes, he found no other underlying conditions, except for the cataracts and said he could give me 20/20 distance vision.That is what I got.

If I had to wear distance glasses after the surgery-I would have seen my lawyer-

I do suggest that you file the 1151 claim.

 

This thread below might help you :