Citation Nr: 22012899 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 19-19 395 DATE: March 7, 2022 ORDER Entitlement to service connection for an eye disability, claimed as maculopathy, is denied. Entitlement to service connection for high cholesterol is denied. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. FINDINGS OF FACT 1. The evidence of record persuasively weighs against finding that the Veteran has had an eye disability, to include maculopathy, at any time during or approximate to the pendency of the claim. 2. High cholesterol is a laboratory finding and not a disability for which VA disability benefits may be awarded. CONCLUSIONS OF LAW 1. The criteria for service connection for an eye disability, claimed as maculopathy, are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for high cholesterol are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from April 1971 until April 1995. In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. SERVICE CONNECTION Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110, §1131; 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Entitlement to service connection for an eye disability, claimed as maculopathy The Veteran asserts that he has an eye disability, claimed as maculopathy, that is etiologically related to his active military service. The Board has thoroughly and sympathetically reviewed all evidence of record, and concludes that the Veteran does not have a current eye disability, to include maculopathy. The claim, therefore, must be denied. The Veteran's service treatment records (STRs) were reviewed. A June 1984 medical record documents complaints of decreasing visual acuity in the right eye and a diagnosis of early maculopathy, right. On a September 1994 Report of Medical History completed at separation, the Veteran answered "no" to having eye trouble. In the related summary a defects, the examining physician recorded a detailed summary of treatment and diagnoses during service. There was no reference to an eye defect or diagnosis. The Veteran's VA treatment records were reviewed and showed no diagnosis of maculopathy. In September 2015, the Veteran was provided a VA eye conditions examination. The examiner noted a diagnosis of cataracts OU with an initial diagnosis of 2015. The examiner did not diagnose maculopathy. In a November 2015 Notice of Disagreement, the Veteran stated, "[t]he only time I have been diagnosed with maculopathy is during military service." At the January 2021 Board hearing, the Veteran testified that his maculopathy was caused by exposure to the bright sun on an asphalt service while he was stationed in Thailand. The Veteran also stated that his vision is sometimes blurry and that he wears over the counter reading glasses but that he does not have prescription lenses. Considering all lay and medical evidence of record, the claim is denied. There was a diagnosis of early maculopathy in June 1984 during service. However, there was no further reference to eye diagnoses or defects during service and the Veteran specifically said he had no eye problems at separation. The Board also finds it significant that the examining physician included a detailed summary of medical findings related to the Veteran's service, but there was no discussion of eye complaints. There is no diagnosed of a disability claimed maculopathy at any time during or approximate to the pendency of the appeal. The Board also assigns the September 2015 VA eye conditions exam significant probative weight. After review of the Veteran's file and personal examination of the Veteran, the examiner did not diagnose maculopathy. At the January 2021 Board hearing, the Veteran did not testify to any diagnosis of maculopathy since 2015. The Board concludes that there is no evidence that the Veteran has had maculopathy proximate to or during the pendency of the claim. The evidence of record persuasively weighs against the claim and service connection is denied. Entitlement to service connection for high cholesterol The Veteran seeks entitlement to service connection for high cholesterol. STRs contain a notation of high cholesterol both in an undated medical record and in a January 1987 medical record. VA medical records show that the Veteran has high cholesterol that has been treated with medication. VA awards service connection for disabilities. High cholesterol is a laboratory finding and is not, in and of itself, a disability for VA compensation purposes. 61 Fed. Reg. 20440, 20445 (May 7, 1996). Therefore, entitlement to service connection for high cholesterol is denied. REASONS FOR REMAND Entitlement to service connection for bilateral hearing loss is remanded. The Veteran asserts that he has bilateral hearing loss that is etiologically related to his active military service. The claim is remanded to obtain a medical opinion. A September 2015 VA examination did not show hearing loss for VA compensation purposes. At the June 2021 hearing, the Veteran testifies that his hearing had worsened since then. He later submitted the graphic report of an April 2021 audiological examination that appears to show hearing loss that has worsened and may meet the criteria for a disability. However, it does not appear that speech recognition scores were based on the Maryland CNC test, as required by 38 C.F.R. § 3.385. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his claimed bilateral hearing loss. The examiner must review the claims file. The examiner is asked to answer the following: (a) Is it at least as likely as not that any diagnosed hearing loss disability is related to the Veteran's service, to include exposure to hazardous noise? A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner's own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Collins, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.