I am currently rated 30% SC for Diplopia, right eye but have diplopia
in both eyes. I have binocular (when both eyes are open) in the right eye and
monocular (when only one eye is open) in the left and the right eye. I am only
rated for the binocular. My rating decision in 2000 stated none of the findings
of the C&P exam could explain the constant and monocular diplopia and the
left eye was not even addressed at all. The rating decision also stated a Humphrey field
vision test in 1998 was normal and my bilateral visual acuity during the 2000
C&P exam was 20/20. I had about 3 degree exotropia at distance and 7 degree
exotropia at near.
Over time my diplopia became worse and I received further treatment from the VA. The VA diagnosed my monocular diplopia to be a cornea degeneration disease in 2009 and in 2010 I filed for an increase in my disability. I was surprised by my C&P exam as it only officially included a Humphrey field vision test, which resulted in my left eye being 20/50 and my right eye being 20/50 for visual acuity. The C&P doctor accused me of lying for having diplopia until she finally read my records and gave me the eye topology scan and the diplopia test using the Goldman perimeter chart (none of these results were mentioned in my ratings decision). I received my ratings decision stating my conditioned had improved and the VA was going to leave my disability at 30% for now but would schedule a future exam. How could this be? Even though the wrong test were given 20/50 is worse than 20/20 which is what my original visual acuity was.
I went to a VSO and he did not know anything about eyes. He submitted a NOD that said the VA did not consider my left eye and I wanted a DRO to look at the case. I moved during the process to another state and though I changed my address with the VBA, I got notice I missed a C&P exam so my claim was dropped. I had the claim reopened and submitted a statement outlining what I have written here and got another C&P exam.
I recently went to that and was given a diplopia test with the Goldman perimeter chart for both eyes and the Humphrey field vision test along with the normal eye exam. I got a ratings decision that deferred the rating for VA exam clarification. What does that mean? I wrote a NOD stating I think my original 2010 claim was not properly decided and included the 38 CFR references and schedule of eye ratings.
My other question is as follows: If I have diplopia in both eyes and in the all four quadrants and the central field then according to according to 38 CFR that would go under 6090 to the poorest level not to exceed 5/200 (which is the poorest). According to the Ratings for Impairment of Muscle Function chart the Equivalent Visual Acuity for 5/200 under 6090 is 1.5/60. Given this then code 6065 (Impairment of Central Visual Acuity) should apply and according to that chart if vision is one eye is 5/200 (1.5/60) and vision in the other eye is 5/200 (1.5/60) then the rating is 100%. Is this correct?
The VA does not seem to know how to handle this and I keep getting put off. I don't really know how to attack this or if I am addressing this correctly. Any insight would be helpful. Thanks.