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 Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 1, 2010 HadIt.com Elder Share Posted June 1, 2010 Phil is right. Send in that IU form, yesterday. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted June 2, 2010 HadIt.com Elder Share Posted June 2, 2010 x x x Can you imagine ... how often something like this happens ... glad you got it all worket out!! Congratulations Carlie !!! ~Wings Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted June 2, 2010 Moderator Share Posted June 2, 2010 Congrats Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 2, 2010 HadIt.com Elder Share Posted June 2, 2010 Imagine putting a vet through the entire appeals process over something like this. I bet it happens. Link to comment Share on other sites More sharing options...
carlie Posted June 2, 2010 Author Share Posted June 2, 2010 Well hopefully it won't take more than 6 - 12 months for the VARO to do the C&P exams to find the current level of disability,assign effective dates and deposit my funds. I need a vacation ! Thanks for all the well wishes, comments and guidance. carlie Link to comment Share on other sites More sharing options...
Lorraine Posted June 3, 2010 Share Posted June 3, 2010 Carlie Catching up on postings and my heart sank with reading of your decision and you being in the "dumpers". I only had a few minutes of reading to be able to be joyous for you, but am so PO'd that you had to go through this torment for days! Congrats, girl. You more than deserve this! If I wasn't so old and arthritic, I'd be turning cartwheels for you down the hallway. ;) Lorraine 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
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