Citation Nr: 18151260 Decision Date: 11/16/18 Archive Date: 11/16/18 DOCKET NO. 17-36 180 DATE: November 16, 2018 ORDER Entitlement to service connection for high cholesterol is denied. REMANDED Entitlement to service connection for neurosarcoidosis, to include as secondary to service-connected lumbar and cervical spine disabilities is remanded. FINDING OF FACT Elevated cholesterol is a laboratory finding and not a disability under VA law and regulations. CONCLUSION OF LAW The criteria for entitlement to service connection for high cholesterol have not been met. 38 U.S.C. § 5107; 38 C.F. R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Air Force from February 1979 to April 1991, including over five years of foreign service. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision. 1. Entitlement to service connection for high cholesterol To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1131; 38 C.F.R. § 3.303 (a). VA treatment records show that the Veteran has been diagnosed with hyperlipidemia (high cholesterol). Elevated cholesterol is not recognized as a disability for VA benefits purposes. 38 U.S.C. §§ 101(16), 105(a); 38 C.F.R. § 3.303(c). The term “disability” refers to impairment of earning capacity. Allen v Brown, 7 Vet. App. 439 (1995). There is no evidence of record suggesting that the Veteran suffers from elevated cholesterol that causes the Veteran any impairment of earning capacity. Although elevated cholesterol may be a risk factor for disability or evidence of an underlying disability, the Veteran has not alleged, and the record does not suggest, that he has a diagnosed disability due to elevated cholesterol. Therefore, the preponderance of the evidence is against the claim of service connection for high cholesterol and the claim must be denied. REASONS FOR REMAND 1. Entitlement to service connection for neurosarcoidosis, to include as secondary to service-connected lumbar and cervical spine disabilities is remanded. The Veteran is seeking service connection for neurosarcoidosis, to include as secondary to his service-connected lumbar and cervical spine disabilities. A VA examination and opinion was obtained in March 2013. The examination report shows that the examiner provided a negative nexus opinion with respect to the Veteran’s neurosarcoidosis as secondary to his service-connected lumbar and cervical spine disabilities. There is no opinion on aggravation or a direct incurrence basis. In a July 2017 report, a private physician opined that it was at least as likely as not that the Veteran’s neurosarcoidosis began in service. The examiner reported reviewing the Veteran’s service treatment records, however, there was no indication that the Veteran’s complete medical history was reviewed in providing the opinion. As such, further VA opinion is warranted. The matter is REMANDED for the following action: Forward the Veteran’s claims file, to an appropriate examiner for a records review and request that he or she provide an opinion with respect to the etiology of the Veteran’s neurosarcoidosis, to include as secondary to service-connected lumbar and cervical spine disabilities. The examiner must consider the Veteran’s contentions. A rationale should be provided for all opinions offered. Specifically, the examiner must address the following: (a) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s neurosarcoidosis is etiologically related to active service? (b) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s neurosarcoidosis is proximately due to, the result of, or aggravated by the service-connected lumbar and/or cervical spine disabilities? The term “aggravation” means an increase in the underlying disability beyond the natural progression of the disease, as contrasted to a temporary worsening of symptoms. Evan Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Henriquez, Counsel