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

[jbasser]

Send a copy of the decision to your congressman.

That is a crock of bull as I sometimes think this crap is done on purpose.

John

[Stretch]

Jeez, the VA never fails to amaze me with this BS.

[deltaj]

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, Be careful of V.A.'s motives for issuing this denial. I predict it will take V.A. or BVA 1 year and 11 months to correct this error and that service connection will be granted just before the 2 year deadline for obtaining service disabled life insurance. If a vet already has a 100% rating when the new service connected condition is rated the veteran only has a certain window of time to request a waiver of premiums for service disabled life insurance. I make this prediction based on my husband's experience with V.A. when they made some obvious errors in rating a new condition, varicose veins, after he had a previous 100% rating in effect. We missed the window for getting husband a waiver of premiums on a $10,000 life insurance policy. Don't make that same mistake. Call V.A. tomorrow and get the forms you need to apply for service disabled life insurance and waiver of premiums.

[halos2]

BOGUS!! WTF?? Game playing and F'ing with you. :D This would be a downer to read. I can imagine you reading this and feeling jubulent and then reading denied as having to reread over and over to see where you are missing something...like the word "GRANTED"

Pick yourself up we are all with you on this one. I feel your pain too. Hope berta responds as she knows some people in high places too.

Sending you a happy smile ;) to cheer you up and know the battle is still on, and sending strength too. ;)

[deltaj]

BOGUS!! WTF?? Game playing and F'ing with you. :D This would be a downer to read. I can imagine you reading this and feeling jubulent and then reading denied as having to reread over and over to see where you are missing something...like the word "GRANTED"

Pick yourself up we are all with you on this one. I feel your pain too. Hope berta responds as she knows some people in high places too.

Sending you a happy smile ;) to cheer you up and know the battle is still on, and sending strength too. ;)

I also failed to mention that the deadline for obtaining life insurance applies even when there is a 0% service connected condition rated. I'll bet that the blue sheet that goes with the rating decision on this condition had a 0% service connected rating included and you'll spend nearly two years straightening it out before a higher rating is given. Please forgive me for my cynicism but honestly V.A. can be pretty devious when they want to cheat a veteran out of life insurance benefits.

[Berta]

It IS a typo as John said- but has to be fixed ASAP-

"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."

Lets wait for what that call brings Carlie-meantime I will search for a phone number you might need-