BVA decisions by condition
Hepatitis: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a hepatitis issue in 3,665 decisions. It granted the hepatitis issue in 13.6% of them, below the 19.4% grant rate for all conditions, denied it in 36.9%, and remanded it in 47.2%. Counting only decisions on the merits (granted or denied), 26.9% were granted.
Decisions
3,665
2017–2026
Granted
13.6%
All conditions: 19.4%
Granted on the merits
26.9%
Granted ÷ (granted + denied)
Remanded
47.2%
Denied: 36.9%
Hepatitis outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 357 | 10.9% | 40.3% | 38.7% | 10.1% |
| 2018 | 477 | 9.9% | 48.4% | 37.1% | 4.6% |
| 2019 | 562 | 11.7% | 40.7% | 44.8% | 2.7% |
| 2020 | 511 | 12.9% | 35.2% | 49.5% | 2.3% |
| 2021 | 449 | 12.9% | 36.3% | 48.6% | 2.2% |
| 2022 | 439 | 16.6% | 27.6% | 54.9% | 0.9% |
| 2023 | 371 | 12.7% | 34.5% | 50.1% | 2.7% |
| 2024 | 309 | 12.0% | 28.5% | 57.0% | 2.6% |
| 2025 | 209 | 21.5% | 35.9% | 41.6% | 1.0% |
| 2026 | 99 | 33.3% | 26.3% | 38.4% | 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 Other: dismissed, withdrawn or no clear outcome.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 hepatitis decisions
For each kind of supporting evidence: how often the Board granted the hepatitis 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 | 536 | 63.5% | 16.6% | +46.8 pts |
| Favorable VA exam | 397 | 58.6% | 20.6% | +38.1 pts |
| Claimed as secondary | 381 | 54.8% | 24.3% | +30.5 pts |
| Treating physician opinion | 220 | 53.2% | 24.5% | +28.8 pts |
| Private medical opinion | 1,005 | 39.3% | 20.7% | +18.7 pts |
| Combat service | 216 | 32.8% | 26.5% | +6.3 pts |
| Lay statement | 2,952 | 25.0% | 39.3% | −14.3 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 78.7% of the decisions that granted hepatitis.
- The Board found the veteran's statements credible in 35.4% of grants and 10.4% 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 hepatitis 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 | 1,979 | 25.6% | 29.2% | −3.7 pts |
| Unfavorable VA exam | 2,647 | 24.7% | 38.7% | −14.0 pts |
Why the Board granted or denied hepatitis
Most common reasons in grants
- Current diagnosis established77
- Service connection established11
- Caused by the service-connected disability10
- VA examiner: less likely than not related to service7
- New and material evidence submitted6
- Criteria for service connection met5
- New and material evidence received5
- Positive nexus opinion from VA examiner3
Most common reasons in denials
- Preponderance of the evidence against the claim205
- VA examiner: less likely than not related to service165
- No current diagnosis128
- Service records negative or silent119
- No in-service complaints, treatment or diagnosis108
- Current diagnosis established61
- Criteria for service connection not met22
- No new and material evidence submitted13
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 hepatitis decisions
Granted
Aggravated by service-connected hip replacements; Obesity as intermediate step; Resolved doubt in Veteran's favor
Veteran diagnosed with hepatitis C.; Service connection for PTSD established.; Private opinion linked drug use to PTSD.; Drug use linked to hepatitis C.; Benefit of the doubt applied due to approximate balance of evidence.
Private medical opinion found Hepatitis C transmission via jet air gun biologically plausible.; Private opinion noted Veteran's lack of other risk factors and trajectory consistent with infection during service.; VA examination was inadequate, mischaracterizing VBA Fast Letter and failing to address Veteran's contentions.; Evidence found in approximate balance; doubt resolved in Veteran's favor.
Denied
Evidence showed improvement in hepatitis B disability.; Hepatitis B viral studies negative since 2008.; Current fatigue/weakness attributed to non-service-connected OSA and heart disorders.
Hepatic steatosis not incurred in service; Not etiologically related to service; Symptoms attributed to unrelated conditions
No evidence of in-service incurrence or aggravation; No nexus between claimed in-service condition and present disability
Rules that apply to hepatitis 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 hepatitis 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 hepatitis 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.