Citation Nr: 20021385 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 17-17 738 DATE: March 25, 2020 REMANDED Entitlement to service connection for residuals of total right knee replacement is remanded. Entitlement to service connection for mild degenerative joint disease, left knee is remanded. Evaluation of right ear hearing loss currently evaluated as 0 percent disabling is remanded. Entitlement to service connection for left ear hearing loss is remanded. REASONS FOR REMAND The Veteran had active duty service from April 1972 to January 1974. This matter comes before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that a hearing was held in November 2019 before the undersigned Veterans Law Judge. A transcript of that hearing is of record. 1. Entitlement to service connection for residuals of total right knee replacement is remanded. 2. Entitlement to service connection for mild degenerative joint disease, left knee is remanded. 3. Evaluation of right ear hearing loss currently evaluated as 0 percent disabling is remanded. 4. Entitlement to service connection for left ear hearing loss is remanded. Upon review of the record, the Board finds that there may be outstanding VA and private treatment records potentially relevant to the Veteran’s claim(s) on appeal. Per the Veteran’s November 2019 Board hearing testimony, he indicated that with respect to his claimed for knee conditions, he began receiving treatment for those issues beginning in the late 1970s to early 1980s, and that said treatment included VA treatment beginning in the 1990s. The Veteran also alleged, relative to his hearing loss claims, that he began receiving treatment at the VA approximately 10 years prior to the November 2019 Board hearing. In addition, the Statement of the Case indicates that Veterans Affairs Medical Center(VAMC) treatment records, Pasco, from November 13, 2012 through July 21, 2014 were part of the record, but currently those records are not part of the electronic file. As there appear to be outstanding VA treatment records in the VA's constructive possession, the claims on appeal must be remanded in order to obtain and associate the identified records with the Veteran's claims file. See 38 U.S.C. § 5103A (b), (c); 38 C.F.R. § 3.159 (c); Bell v. Derwinski, 2 Vet. App. 611 (1992). While the Veteran has stated that certain private treatment records dating back to the 1970s are no longer available, the record does suggest that some of the more recent private treatment records may be available, namely those from the “Arnett Clinic” in “Lafayette,” Indiana. Accordingly, reasonable efforts should also be undertaken to obtain the missing private treatment records in accordance with VA's duty to assist under 38 C.F.R. § 3.159. See Massey v. Brown, 7 Vet. App. 204 (1994). The matters are REMANDED for the following action: 1. Associate with the Veteran’s claims file any and all outstanding VA treatment record, to include VA treatment records for the VAMC Pasco facility dated from November 13, 2012 through July 21, 2014 mentioned in the statement of the case and any records not previously obtain dated from the late 1970s to through the 1990s are identified by the Veteran during the November 2019 Board hearing. See transcript reflecting testimony that the Veteran sought treatment from the VA for the conditions reflected in the issues on appeal. 2. Contact the Veteran and request that he identify any pertinent private treatment records, to include treatment for his knee conditions at Arnett Clinic in Lafayette, Indiana in the 1990’s as mentioned during the November 2019 Board hearing. With appropriate authorization from the Veteran, obtain and associate with the record any outstanding private treatment records identified by him as being pertinent to the claims on appeal. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.R. Fey, 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.