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

[carlie]

I contacted the BVA Ombudsman Office yesterday.

They said a supervisor would call me back.

A supervisor called me today and said she will

have to take it to Judge Wilkens and he is out doing

travel board hearings until Tuesday.

She said she needs to go over this problem with him

as he he the judge that signed off on the order.

Hopefully I will hear from them on Tuesday, if not then I'll call back

on Wednesday.

I feel so down deep in a ditch right now.

carlie

[broncovet]

Hang in there. It is always the darkest just before dawn. The BVA is going to be under pressure to fix this, and that means they will have to fix it in your favor.

[john999]

Does anyone proof read these decision? The answer is "NO" of course. I bet the BVA is under so much pressure to get these decisions out they don't even look back. I would bang on every drum to get this fixed as Berta says. It is obvious what they meant to say but someone screwed it up. This should not require an appeal.

[Josephine]

Carlie,

If you do not get anywhere, I do have several telephone numbers.

Here is the direct line for Carrie Johson Clark.

Her signature is usually on the BVA Decision, as it was on mine.

1- 202- 565- 6393

She is the one who was able to get my IME to the Judge when the AMC denied me.

Always,

Betty

Edited May 25, 2010 by Josephine

[Pete53]

Carlie:

I bought a St Jude Candle the patron of hopeless cases and it is lit and when I look at it I pray that you get a fair shake from VA.

Since the lady is going to talk to the Judge I am very optimistic for you. Keep your fingers crossed I think you will be happy when they make the decision

[vet201060]

Stay strong Carlie. You have always chimed in for us. I wish I could help you. I would just stay after them and hold them to their word. You calling Wed if they dont is the right thing to do. You are almost there!