BVA decisions by condition
Emphysema pulmonary: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a emphysema pulmonary issue in 807 decisions. It granted the emphysema pulmonary issue in 11.6% of them, below the 19.4% grant rate for all conditions, denied it in 33.6%, and remanded it in 53.4%. Counting only decisions on the merits (granted or denied), 25.8% were granted.
Decisions
807
2017–2026
Granted
11.6%
All conditions: 19.4%
Granted on the merits
25.8%
Granted ÷ (granted + denied)
Remanded
53.4%
Denied: 33.6%
Emphysema pulmonary outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2018 | 61 | 8.2% | 39.3% | 50.8% | 1.6% |
| 2019 | 74 | 5.4% | 47.3% | 43.2% | 4.1% |
| 2020 | 78 | 6.4% | 35.9% | 56.4% | 1.3% |
| 2021 | 69 | 8.7% | 30.4% | 59.4% | 1.4% |
| 2022 | 88 | 8.0% | 22.7% | 68.2% | 1.1% |
| 2023 | 104 | 12.5% | 23.1% | 60.6% | 3.8% |
| 2024 | 99 | 14.1% | 27.3% | 57.6% | 1.0% |
| 2025 | 153 | 16.3% | 36.6% | 46.4% | 0.7% |
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 Other: dismissed, withdrawn or no clear outcome.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 emphysema pulmonary decisions
For each kind of supporting evidence: how often the Board granted the emphysema pulmonary 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 | 113 | 69.6% | 13.6% | +56.0 pts |
| Favorable VA exam | 76 | 65.4% | 19.2% | +46.2 pts |
| Private medical opinion | 217 | 41.1% | 19.0% | +22.1 pts |
| Claimed as secondary | 134 | 39.0% | 24.1% | +15.0 pts |
| Combat service | 45 | 27.3% | 25.7% | +1.6 pts |
| Lay statement | 630 | 21.9% | 43.8% | −21.8 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 67.0% of the decisions that granted emphysema pulmonary.
- The Board found the veteran's statements credible in 25.5% of grants and 11.4% 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 emphysema pulmonary 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 |
|---|---|---|---|---|
| Unfavorable VA exam | 583 | 24.0% | 32.9% | −8.9 pts |
| Negative nexus opinion | 470 | 22.1% | 33.1% | −10.9 pts |
Why the Board granted or denied emphysema pulmonary
Most common reasons in grants
- Current diagnosis established18
- Caused by the service-connected disability4
- Pact act presumptive service connection3
- Presumed exposure to burn pits under pact act2
- Conceded tera participation2
- Pact act presumption for emphysema2
- Service in southwest asia during persian gulf war2
- Conceded burn pit exposure2
Most common reasons in denials
- VA examiner: less likely than not related to service40
- Preponderance of the evidence against the claim40
- No current diagnosis33
- No in-service complaints, treatment or diagnosis32
- Service records negative or silent22
- Current diagnosis established13
- Criteria for service connection not met4
- No evidence of in-service incurrence or aggravation4
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 emphysema pulmonary decisions
Granted
PACT Act presumptive service connection; Qualifying Southwest Asia service; Diagnosis of bullous emphysema
Current diagnosis of emphysema confirmed; Likely exposure to toxins (chlorine, firefighting foam/smoke) during service; Private medical opinion found nexus to service; VA examiner's opinion found inadequate
10 percent rating granted prior to May 10, 2024; FEV-1 results 80 percent predicted prior to May 10, 2024
Denied
No in-service event, injury, or disease established; No indication of nexus to service; Evidence persuasively weighs against claim
VA examination findings did not meet criteria for higher rating; Veteran's testimony regarding inhaler/oxygen use not supported by pre-August 2020 medical evidence; Evidence persuasively weighs against a higher rating
Compensable rating denied from May 10, 2024; FEV-1 results 93.1 percent predicted as of May 10, 2024
Rules that apply to emphysema pulmonary 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 emphysema pulmonary 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 emphysema pulmonary 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.