Jump to content








HadIt.com Fund Raising Campaign

HadIt.com has grown to over 100.000 visitors a month and over 12,000 registered forum members.

HadIt.com IS NOT A NON-PROFIT, contributions are NOT tax deductible.











Photo

My Second Bva Decision And Remand May 2010

Posted by carlie , 26 May 2010 · 1171 views

May 22,2010

Below is just one portion of my second BVA Decision and Remand.


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




I remember reading this when you first posted the results. Did you ever get them to correct it? Thanks for all you do,

Pat
  • Report

April 2015

S M T W T F S
   1234
567891011
12131415161718
192021222324 25
2627282930  

Recent Entries

Twitter

Recent Comments

0 user(s) viewing

0 members, 0 guests, 0 anonymous users

Latest Visitors

  • Photo
    glider222
    07 Apr 2015 - 08:00
  • Photo
    Notorious Kelly
    06 Feb 2015 - 19:09
  • Photo
    jbasser
    10 Dec 2014 - 22:43
  • Photo
    usafhvac
    30 Nov 2014 - 23:36
  • Photo
    Motoman172
    03 Nov 2014 - 15:53