BVA decisions by condition
Chronic obstructive pulmonary disease (COPD): BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a chronic obstructive pulmonary disease (COPD) issue in 13,254 decisions. It granted the chronic obstructive pulmonary disease (COPD) issue in 11.9% of them, below the 19.4% grant rate for all conditions, denied it in 34.1%, and remanded it in 52.6%. Counting only decisions on the merits (granted or denied), 25.8% were granted.
Decisions
13,254
2017–2026
Granted
11.9%
All conditions: 19.4%
Granted on the merits
25.8%
Granted ÷ (granted + denied)
Remanded
52.6%
Denied: 34.1%
Chronic obstructive pulmonary disease (COPD) outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 1,015 | 5.1% | 45.8% | 44.0% | 5.0% |
| 2018 | 1,549 | 7.9% | 39.0% | 49.7% | 3.4% |
| 2019 | 1,599 | 8.4% | 36.3% | 53.5% | 1.8% |
| 2020 | 1,617 | 8.0% | 37.7% | 52.6% | 1.7% |
| 2021 | 1,512 | 10.3% | 35.0% | 53.6% | 1.1% |
| 2022 | 1,483 | 12.5% | 28.3% | 57.0% | 2.2% |
| 2023 | 1,457 | 13.9% | 24.7% | 59.9% | 1.5% |
| 2024 | 1,255 | 18.2% | 27.2% | 52.3% | 2.4% |
| 2025 | 1,448 | 18.2% | 32.0% | 48.2% | 1.5% |
| 2026 | 555 | 21.6% | 33.7% | 42.7% | 2.0% |
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 Other: dismissed, withdrawn or no clear outcome.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 chronic obstructive pulmonary disease (COPD) decisions
For each kind of supporting evidence: how often the Board granted the chronic obstructive pulmonary disease (COPD) 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 | 1,989 | 61.3% | 16.5% | +44.8 pts |
| Favorable VA exam | 1,333 | 53.7% | 21.2% | +32.5 pts |
| Treating physician opinion | 813 | 47.2% | 24.0% | +23.2 pts |
| Private medical opinion | 4,180 | 35.6% | 20.1% | +15.5 pts |
| Buddy statement | 337 | 33.8% | 25.6% | +8.1 pts |
| Claimed as secondary | 2,328 | 29.6% | 25.3% | +4.3 pts |
| Combat service | 795 | 26.8% | 25.8% | +1.1 pts |
| Lay statement | 10,409 | 22.8% | 43.3% | −20.4 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 71.2% of the decisions that granted chronic obstructive pulmonary disease (COPD).
- The Board found the veteran's statements credible in 28.9% of grants and 12.5% 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 chronic obstructive pulmonary disease (COPD) 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 | 7,617 | 22.5% | 32.4% | −9.9 pts |
| Unfavorable VA exam | 9,865 | 23.6% | 38.2% | −14.7 pts |
Why the Board granted or denied chronic obstructive pulmonary disease (COPD)
Most common reasons in grants
- Current diagnosis established234
- Service connection established28
- Caused by the service-connected disability24
- VA examiner: less likely than not related to service21
- Criteria for service connection met18
- Pact act presumptive service connection14
- Pact act presumptive service connection for copd14
- Service in southwest asia theater of operations13
Most common reasons in denials
- Preponderance of the evidence against the claim704
- VA examiner: less likely than not related to service667
- Service records negative or silent427
- No in-service complaints, treatment or diagnosis420
- No current diagnosis276
- Current diagnosis established162
- Criteria for service connection not met48
- No continuity of symptomatology33
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 chronic obstructive pulmonary disease (COPD) decisions
Granted
Resolving reasonable doubt in Veteran's favor; At least as likely as not related to in-service toxic exposures
Veteran has current diagnosis of chronic bronchitis; In-service treatment for bronchitis and pneumonia; Private medical opinion links condition to service; Evidence in approximate balance, doubt resolved in Veteran's favor
Favorable finding of COPD diagnosis; Presumptive service connection under PACT Act for Persian Gulf service; Minimal asbestos exposure conceded based on MOS; Adequate private medical opinion supporting direct service connection
Denied
Private opinion lacked probative value; Private opinion failed to address smoking history; VA examiner opinion found less likelihood of service connection; Opinion based on lack of evidence linking TERA and smoking history; Veteran has extensive smoking history
Service records silent for COPD/bronchitis; noted chest pain diagnosed as muscle spasm/acid reflux.; Multiple VA examiners provided negative nexus opinions, citing smoking as primary cause.; Veteran's claims of in-service onset and diagnosis found not credible.
No presumptive link to Camp Lejeune exposure under 38 C.F.R. § 3.309(f); VA examiner opined less likely than not related to service; Lack of in-service diagnosis and symptoms onset years after service
Rules that apply to chronic obstructive pulmonary disease (COPD) 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 chronic obstructive pulmonary disease (COPD) 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 chronic obstructive pulmonary disease (COPD) 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.