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

[MikeR]

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

[Berta]

Great Carlie- even if the RO knew this was a typo they would have used the typo to deny-I am sure.

Great news!

[Vync]

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?

[Philip Rogers]

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

[akwidow]

Hoorah!

[Pete53]

Wow congrats and lets hope for a speedy grant