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

[Berta]

Carlie- Hang in there- they can fix this in a heartbeat- well a prolonged heartbeat-

In 1996 the VA (I was fighting them on wrongful death 1151 claim) denied the claim again but stated the VA had caused my husband's death due to VA negligence in misdiagnosis and treatment of strokes and heart disease. in the final statement of the SOC.

I jumped on that real quick and asked them for the cash.But of course they stated that they had inadvertently made an error and typed in my charges of the claim instead of the proper denial statement.

Oddly enough as I continued this battle -a few months later they awarded the 1151 and they used my exact wording again as the final statement of the award letter.

Other problems I had was when they could not add or multiply correctly-always to their favor- and they sure corrected those errors when I pounced on them.

This crap should NOT happen but it does and when it does- getting to the right person will get it fixed.

[Wings]

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%%$#!!!

Carlie, I'm so sorry you have to deal with another gross VA Error!! This was obviously a TYPO!! Keep all contact logs. I'd venture to bet, the BVA Ombudsman will be able to clear this clerial error with the "Judge". In my mind, you have obviously won your claim under benefit of the doubt. This just sux, you should be celebrating . . . Hang in there! ~Wings

[akwidow]

hugs, my dear Carlie. Chin up, and hug somebody there, as I am too far away to hug you myself. Give and get back, I always say....

[carlie]

Josephine - thanks for that contact name and number.

If I don't find something out by the end of next week,

I will be using it.

Everyone else that responded - I thank you for your support.

I feel confident that most of us think that once we make it to

the level of a BVA Decision/Remand, the little petty type problems won't keep happening.

This is a clear example - that this mindset is not true.

carlie

[Vync]

Carlie,

I'm sorry that the VA would hose up things for you like that. I would ask the VA to exercise "benefit of the doubt" in favor of the Veteran per the balance for and against, but in this situation make it in regards to their boneheaded decision. Don't know if that applies here, but might be worth a shot... I agree with Wings, per the 'as likely as not'...

[carlie]

The supervisor at BVA just called me.

She stated the judge reviewed the decision he signed

and agreed that Pulmonary Asthma/Bronchitis was supposed to

be shown in the order, as Granted.

She also stated that the judge has already requested my claims file be returned

back to the BVA again from the RO, to be re-written by the BVA.

Well, at least one good thing has happened today ~ lol.

carlie