The Veteran is seeking service connection for various disabilities including a respiratory disability, sinusitis, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, left arm and shoulder disability, an acquired psychiatric disability (PTSD), and bilateral pes planus. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for sinusitis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for lumbar radiculopathy on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for left arm and shoulder disability on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for an acquired psychiatric disability (PTSD). The claims are being remanded to allow for further development of the claim, including consideration of PTSD under Clemons v. Shinseki, 23 Vet. App. 1 (2009).,The Veteran is seeking service connection for bilateral pes planus based on a presumption of soundness due to the absence of pes planus at entrance into service and exposure to asbestos and tear gas during service.

The deciding factor: Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for bilateral pes planus must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for sinusitis must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for degenerative disc disease of the lumbar spine on a secondary basis must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for lumbar radiculopathy on a secondary basis must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for left arm and shoulder disability on a secondary basis must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for PTSD must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.,Further development is needed as there are outstanding VA and private clinical records that have not been addressed in an SSOC, and additional evidence received since the September 2009 SOC. The Veteran's claim for bilateral pes planus must be reconsidered based on a de novo review of all evidence of record due to the fact that this condition was previously denied without consideration of the proper standard of review.

Claimed conditions

respiratory disability, sinus disability, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, status post fusion, left arm and shoulder disability, acquired psychiatric disability (PTSD), bilateral pes planus

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 4, 2013

Citation

1335308

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1335308.