Citation Nr: 21022921 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 10-03 415 DATE: April 19, 2021 REMANDED Entitlement to increased ratings (30 percent prior to August 25, 2015, 50 percent from August 25, 2015, to June 26, 2019, and 70 percent thereafter) for the service-connected right hip disability is remanded. Entitlement to increased ratings (30 percent prior to August 25, 2015, and 50 percent thereafter) for the service-connected left hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from December 1983 to June 1988. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2007 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio, that denied ratings in excess of 30 percent for the left and right hip disabilities. A September 2017 rating decision granted increased, 50 percent ratings for both hip disabilities from August 25, 2015. In April 2018, the Board remanded the matter to the Agency of Original Jurisdiction (AOJ) for additional development. An April 2020 rating decision granted an increased, 70 percent rating for the right hip disability from June 26, 2019. Entitlement to increased ratings for the left and right hip disabilities is remanded. Unfortunately, the record reflects that there are outstanding private treatment records that are relevant to the claim seeking increased ratings for the service-connected hip disabilities. In this regard, VA treatment records indicate a private pain clinic in Cincinnati, Ohio, provided regular treatment for the Veteran’s hip disabilities throughout the period on appeal. The AOJ requested the clinic to provide copies of the Veteran’s treatment records in April 2011. The records received show the Veteran sought treatment for hip pain there, including in May 2010. An August 2016 VA treatment record notes the Veteran still received treatment for pain from the same provider. Notably, VA treatment records from December 2018 to April 2019 VA treatment records note the Veteran was going to follow up with his private pain physician regarding hip pain. It does not appear the records dated after April 2011 have been sought from the pain clinic. It is therefore necessary to remand these matters so any outstanding relevant treatment records can be obtained. See Ivey v. Derwinski, 2 Vet. App. 320, 323 (1992) (holding that when reference is made to pertinent medical records, VA is on notice of their existence and has a duty to assist the Veteran to attempt to obtain them). The Board suggests that the Veteran obtain and submit these records himself to expedite this action. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. 2. Contact the Veteran and ask him to identify whether there are any outstanding private medical records, including from the pain clinic in Cincinnati, Ohio, reflecting treatment for the service-connected hip disabilities. After obtaining all needed authorizations from the Veteran, obtain those records and associate them with the electronic claims file. 3. After undertaking any other appropriate development deemed necessary, including obtaining an addendum opinion addressing the severity of the service-connected hip disabilities if indicated by the receipt of additional relevant treatment records, readjudicate the issues on appeal, based on the additional evidence of record. If the determinations remain adverse to the Veteran, he must be provided with a Supplemental Statement of the Case. An appropriate period of time must then be allowed for a response before the record is returned to the Board for further review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Skowronski, William 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.