BVA decisions by condition
Nontuberculous lung disease: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a nontuberculous lung disease issue in 1,225 decisions. It granted the nontuberculous lung disease issue in 2.6% of them, below the 19.4% grant rate for all conditions, denied it in 33.1%, and remanded it in 62.8%. Counting only decisions on the merits (granted or denied), 7.3% were granted.
Decisions
1,225
2017–2026
Granted
2.6%
All conditions: 19.4%
Granted on the merits
7.3%
Granted ÷ (granted + denied)
Remanded
62.8%
Denied: 33.1%
Nontuberculous lung disease outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 108 | 0.9% | 39.8% | 55.6% | 3.7% |
| 2018 | 196 | 1.0% | 32.1% | 64.8% | 2.0% |
| 2019 | 170 | 1.8% | 29.4% | 65.9% | 2.9% |
| 2020 | 102 | 2.0% | 35.3% | 60.8% | 2.0% |
| 2021 | 97 | 1.0% | 36.1% | 62.9% | 0.0% |
| 2022 | 127 | 1.6% | 24.4% | 72.4% | 1.6% |
| 2023 | 135 | 5.2% | 24.4% | 70.4% | 0.0% |
| 2024 | 114 | 4.4% | 36.8% | 57.9% | 0.9% |
| 2025 | 146 | 4.8% | 39.0% | 55.5% | 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 Other: dismissed, withdrawn or no clear outcome.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 nontuberculous lung disease decisions
For each kind of supporting evidence: how often the Board granted the nontuberculous lung disease 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 |
|---|---|---|---|---|
| Treating physician opinion | 50 | 36.4% | 6.6% | +29.8 pts |
| Positive nexus opinion | 103 | 32.7% | 3.7% | +29.1 pts |
| Favorable VA exam | 84 | 27.9% | 5.1% | +22.8 pts |
| Claimed as secondary | 188 | 20.6% | 6.2% | +14.4 pts |
| Private medical opinion | 303 | 14.2% | 4.9% | +9.2 pts |
| Combat service | 76 | 11.1% | 7.1% | +4.1 pts |
| Lay statement | 916 | 6.7% | 10.3% | −3.6 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 68.8% of the decisions that granted nontuberculous lung disease.
- The Board found the veteran's statements credible in 21.9% of grants and 11.6% 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 nontuberculous lung disease 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 | 541 | 5.5% | 9.7% | −4.2 pts |
| Unfavorable VA exam | 804 | 5.9% | 13.1% | −7.2 pts |
Why the Board granted or denied nontuberculous lung disease
Most common reasons in grants
- Current diagnosis established4
- Criteria for service connection met4
- Caused by the service-connected disability2
Most common reasons in denials
- No current diagnosis122
- Preponderance of the evidence against the claim53
- Service records negative or silent45
- VA examiner: less likely than not related to service31
- Criteria for service connection not met18
- No in-service complaints, treatment or diagnosis15
- Current diagnosis established13
- No evidence of in-service incurrence or aggravation6
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 nontuberculous lung disease decisions
Granted
Presumption of soundness applicable as condition first diagnosed in service; Private treatment records and medical notation confirmed cyst; Evidence sufficient for service connection despite lack of in-service treatment records
Current diagnosis of pulmonary nodule; Credible reports of in-service exposure to waste burning fumes; Credible reports of drinking contaminated water; Conceded in-service exposure to herbicides; Inadequate unfavorable VA opinion
Persian Gulf Veteran status; Evidence in approximate balance; Pulmonary nodules as medically unexplained chronic multisymptom illness
Denied
No current diagnosis of respiratory disorder.; VA examinations showed normal pulmonary function.; No indication of functional impairment.
Evidence persuasively weighs against service connection; Diagnosis occurred decades after service; Veteran's claims of Agent Orange exposure unsubstantiated
No current respiratory disability diagnosed or treated.; No complaints of respiratory symptoms.; Normal lung examinations.; Evidence persuasive against current respiratory disability.
Rules that apply to nontuberculous lung disease 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 nontuberculous lung disease 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 nontuberculous lung disease 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.