Citation Nr: 21001089 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 16-38 395 DATE: January 7, 2021 REMANDED Entitlement to service connection for status post closed fracture of the midshaft of the left clavicle is remanded. Entitlement to service connection for upper back disability is remanded. Entitlement to an initial compensable disability rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1966 to November 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this case in June 2019 and June 2020 for further development. The Veteran testified at a videoconference hearing before the undersigned in January 2019. A transcript is of record. 1. Entitlement to service connection for status post closed fracture of the midshaft of the left clavicle is remanded. 2. Entitlement to service connection for upper back disability is remanded. 3. Entitlement to an initial compensable disability rating for bilateral hearing loss is remanded. Evidence indicates that are outstanding relevant VA treatment records. In the June 2018 VA examination opinion, the examiner based his opinion on a neurosurgery consultation dated July 18, 2016. Review of VA treatment records shows that this consultation, along with other treatment records to include March 2020 ENT notes, are located in Vista Imaging, but these records have not been associated with the record. 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 matters are REMANDED for the following action: Obtain the Veteran’s VA treatment records located in Vista Imaging, but not associated with the claims file, to include, but not limited to, the July 18, 2016 neurosurgery consultation and March 2020 ENT notes. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Ko, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.