carlie Posted May 24, 2010 Share Posted May 24, 2010 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 Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder MikeR Posted June 1, 2010 HadIt.com Elder Share Posted June 1, 2010 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 Carlie, Glad you had good news you deserve some. Mike Link to comment Share on other sites More sharing options...
Berta Posted June 1, 2010 Share Posted June 1, 2010 Great Carlie- even if the RO knew this was a typo they would have used the typo to deny-I am sure. Great news! GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted June 1, 2010 Content Curator/HadIt.com Elder Share Posted June 1, 2010 Carlie, That's great news. I wonder what happened to the post-decision review? I thought they were supposed to double-check for errors like this? "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted June 1, 2010 HadIt.com Elder Share Posted June 1, 2010 That's great news!!!!!! Have you filed for TDIU yet? If not you should!!! pr 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 Link to comment Share on other sites More sharing options...
akwidow Posted June 1, 2010 Share Posted June 1, 2010 Hoorah! "Do one thing every day that scares you." Eleanor Roosevelt Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 1, 2010 HadIt.com Elder Share Posted June 1, 2010 Wow congrats and lets hope for a speedy grant Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
Question
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
Carlie passed away in November 2015 she is missed.
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