Citation Nr: 18151323
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 16-43 701
DATE:	November 16, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for residuals of closed left third metatarsal fracture is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 1953 to October 1955.  
1. Entitlement to a rating in excess of 10 percent for residuals of closed left third metatarsal fracture is remanded.
Evidence indicates that there may be outstanding relevant VA treatment records.  In an April 2013 statement, the Veteran requested VA check all medical records at The Villages Outpatient Clinic.  However, the claim file does not contain records from this VA facility or reflect any attempt to obtain them.  Additionally, the Agency of Original Jurisdiction indicated, in the August 2016 Statement of the Case, that it considered evidence from the Cleveland VA Medical Center (VAMC) and the Gainesville VAMC, “including the Villages”.  Again, the the claim file does not contain such records.  
Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.
The matter is REMANDED for the following action:
1.   Obtain outstanding VA treatment records, to include from Cleveland VAMC, Gainesville VAMC and The Villages Outpatient Clinic.  Attempts to obtain these records should be documented in the claim file.
2.  After undertaking any additional development deemed appropriate, adjudicate the claims in light of any additional evidence added to the record.

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel