Help - Bva Decision Has A Conflicting Order

[carlie]

BVA Decision :

The Issues :

3. Entitlement to service connection for a claimed pulmonary disorder.

Findings Of Fact :

4. The Veteran is shown to have been treated for upper respiratory infections,

possible mild bronchitis, acute respiratory disorder and a possible viral syndrome

in service.

5. The currently demonstrated asthma and chronic bronchitis are shown as likely as not

to have their clinical onset during the Veteran's period of active service.

Conclusions Of Law :

3.

By extending the benefit of the doubt to the Veteran, her pulmonary disability

manifested asthma and bronchitis is due to disease or injury that was incurred in

active service.

38 U.S.C.A. 1101,1131, 5103, 5103A, 5107

(West 2002 & Supp. 2009); 38 CFR 3.102, 3.159, 3.303 (2009).

Reasons And Bases For Findings And Conclusions :

Pulmonary Disorder :

Thus, in resolving all reasonable doubt in the Veteran's favor, service connection

for asthma and bronchitis is warranted.

Order :

Service connection for asthma and bronchitis is denied.

I am completely dumbfounded.

How does this make any sense that the Order Section says DENIED ? ? ?

carlie

[GuaymasJim]

Aside from an outright typo, my only guess is that "denied" is the default in the template for writing up BVA decisions and the typist failed to change it.

In any event this is more evidence of the gross incompetence we are so used to from the VA. If it is not corrected immediately as a typo, then the BVA has just added months if not years to obtaining a just resolution to the claim.

I am sure we would all like to see the IRIS response!!

[john999]

That is a typo, but what is an expediant way to fix it?

[Chuck75]

Ditto on an IRIS response!

I had to go to a C&P exam today. Will see what sounds like a favorable C&P eventually turns out to be.

What is interesting is that the C&P did not mention Ischemic heart disease, which I have, and have had a claim in since presumptive status was finally recognized. The exam did cover the primary items that are associated with Ischemic heart disease, and the examiner claimed that the exam write up should substantiate my claim for it.

I'm quite sure that the VA will try to ignore Neimer(sp) and I'll end up back on the wheel again!

Other issues were discussed, with the examiner saying that they were limited by what the VARO told them to look at. (Some of which seemed to have no relation to my claim.)(Possible VARO goof?) How can you equate this with the VA's "duty" to deal with all open and implied claims? I have several that when and if they go to the BVA, will be kicked back to the VARO for "development", since they were denied without "Due Process".

It also looked like the C&P covered items that the VA previously denied, sent me a letter saying that the appeal period had expired, etc. Some of the claims are such that the denial meets the definition of "CUE".

We all know that "denied" is the favored VA claim reply!

Aside from an outright typo, my only guess is that "denied" is the default in the template for writing up BVA decisions and the typist failed to change it.

In any event this is more evidence of the gross incompetence we are so used to from the VA. If it is not corrected immediately as a typo, then the BVA has just added months if not years to obtaining a just resolution to the claim.

I am sure we would all like to see the IRIS response!!

[carlie]

Jim & John,

You both have my same response.

How and how long will it now take to straighten out

yet another error on their part ?

I spoke with the BVA Ombudsman's Office today and

was told my question/complaint went to a supervisor and

I should get a call tomorrow.

I'm starting to feel like I just can't deal with these additional

set backs - I have no wind left in me today.

Extremely depressed.

I have things to do and people I want to help right now,

but I just feel paralyzed, frozen, stuck.

carlie

[GuaymasJim]

Please keep us posted Carlie. You will win this one. I just hope it does not take forever.

[Testvet]

wow talk about messed up decisions.......