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

[john999]

Phil is right. Send in that IU form, yesterday.

[Wings]

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Can you imagine ... how often something like this happens ... glad you got it all worket out!! Congratulations Carlie !!! ~Wings

[pacmanx1]

Congrats

[john999]

Imagine putting a vet through the entire appeals process over something like this. I bet it happens.

[carlie]

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

[Lorraine]

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