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My Second Bva Decision And Remand May 2010
Posted by
carlie
,
26 May 2010
·
700 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
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
Pat