BVA decisions by condition
Asbestosis: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a asbestosis issue in 1,839 decisions. It granted the asbestosis issue in 16.3% of them, below the 19.4% grant rate for all conditions, denied it in 30.1%, and remanded it in 51.4%. Counting only decisions on the merits (granted or denied), 35.1% were granted.
Decisions
1,839
2017–2026
Granted
16.3%
All conditions: 19.4%
Granted on the merits
35.1%
Granted ÷ (granted + denied)
Remanded
51.4%
Denied: 30.1%
Asbestosis outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 105 | 5.7% | 23.8% | 60.0% | 10.5% |
| 2018 | 154 | 17.5% | 29.9% | 45.5% | 7.1% |
| 2019 | 289 | 15.6% | 29.8% | 51.6% | 3.1% |
| 2020 | 335 | 13.1% | 32.2% | 51.6% | 3.0% |
| 2021 | 276 | 16.3% | 30.1% | 48.6% | 5.1% |
| 2022 | 238 | 19.3% | 24.8% | 51.7% | 4.2% |
| 2023 | 218 | 16.5% | 30.3% | 50.0% | 3.2% |
| 2024 | 138 | 21.7% | 26.8% | 49.3% | 2.2% |
| 2025 | 106 | 17.9% | 41.5% | 38.7% | 1.9% |
| 2026 | 52 | 23.1% | 25.0% | 48.1% | 3.8% |
Each row counts issues (each condition the Board decided), so the shares add up to 100%. Other: dismissed, withdrawn or no clear outcome. Years with fewer than 50 issues are left out.
Evidence in granted and denied asbestosis decisions
For each kind of supporting evidence: how often the Board granted the asbestosis issue on the merits when the decision mentioned it, compared with decisions that did not. These are associations, not causes, and evidence is recorded per decision, not per issue.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Positive nexus opinion | 301 | 61.8% | 26.7% | +35.1 pts |
| Favorable VA exam | 194 | 54.9% | 31.0% | +23.8 pts |
| Private medical opinion | 785 | 45.5% | 23.4% | +22.1 pts |
| Treating physician opinion | 123 | 50.0% | 33.5% | +16.5 pts |
| Claimed as secondary | 117 | 44.4% | 34.7% | +9.7 pts |
| Buddy statement | 44 | 38.5% | 34.9% | +3.5 pts |
| Combat service | 56 | 33.3% | 35.1% | −1.8 pts |
| Lay statement | 1,363 | 31.0% | 51.5% | −20.5 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 74.9% of the decisions that granted asbestosis.
- The Board found the veteran's statements credible in 23.4% of grants and 12.8% of denials.
Negative evidence in the record
An unfavorable exam or a negative nexus opinion often sits in the same record as favorable evidence, and the Board weighs them against each other. So these rows show how often asbestosis was still granted when the record contained the negative item, not that the item helped.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Negative nexus opinion | 887 | 32.7% | 38.1% | −5.4 pts |
| Unfavorable VA exam | 1,331 | 33.6% | 43.5% | −9.9 pts |
Why the Board granted or denied asbestosis
Most common reasons in grants
- Current diagnosis established34
- Conceded in-service asbestos exposure11
- Conceded asbestos exposure7
- In-service asbestos exposure established4
- VA examiner: less likely than not related to service4
- Conceded asbestos exposure during service2
- Meets criteria for 100% rating under DC 68332
- In-service asbestos exposure conceded2
Most common reasons in denials
- No current diagnosis72
- Preponderance of the evidence against the claim70
- Service records negative or silent58
- VA examiner: less likely than not related to service44
- Current diagnosis established21
- No in-service complaints, treatment or diagnosis15
- Pulmonary function tests did not meet criteria for higher rating7
- Pulmonary function tests did not meet criteria for compensable rating4
Numbers are decisions that gave the reason. Reasons are short phrases extracted by AI from each decision; common wordings of the same reason are grouped. Benefit of the doubt is reported above.
Recent asbestosis decisions
Granted
Evidence in approximate balance; Benefit of doubt resolved in Veteran's favor; Substantial weight to private opinion linking asbestosis to in-service exposure
Evidence in approximate balance regarding FVC below 50 percent predicted; Benefit of the doubt applied in favor of the veteran; Grant of 100% rating based on FVC below 50 percent predicted
March 2025 PFTs showed DLCO (SB) of 76-percent predicted; Warrants 10 percent rating under DC 6833; Higher rating not warranted based on PFT results
Denied
Objective medical evidence from VA examinations did not meet criteria for compensable rating.; Pulmonary function test results did not meet FVC or DLCO thresholds for higher ratings.; Lay statements were considered competent but less probative than objective medical findings.
Persuasively weighs against finding; No current disability found; Insufficient evidence
Pulmonary function tests (FVC 88%, FEV-1 92%) align with 10% criteria; No pneumonia or other conditions identified due to asbestosis; Veteran's contention of higher rating due to potential return of pneumonia not supported by current evidence
Rules that apply to asbestosis claims
- 38 CFR 3.303
Principles of service connection
Read it in VA Law Explorer - 38 CFR 3.310
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.102
Reasonable doubt (benefit of the doubt)
Read it in VA Law Explorer
Research your asbestosis case
Narrow by year, judge, evidence or secondary condition, read the decisions, and export a research memo.
How these numbers are calculated
- Rates count decisions in which the Board decided a asbestosis issue, by the outcome of that issue. Other issues in the same decision can have different outcomes.
- “Granted on the merits” leaves out remands and dismissals. “All conditions” is the grant share across every condition issue in the data.
- The data comes from CaseScribe's AI extraction of public BVA decisions (2017–2026) and can contain errors. It is updated automatically as new decisions are added.