BVA decisions by condition

Residuals of encephalitis: BVA grant rates and what wins

From 2017 to 2026, the Board of Veterans' Appeals decided a residuals of encephalitis issue in 1,911 decisions. It granted the residuals of encephalitis issue in 12.0% of them, below the 19.4% grant rate for all conditions, denied it in 31.4%, and remanded it in 54.8%. Counting only decisions on the merits (granted or denied), 27.7% were granted.

Decisions

1,911

2017–2026

Granted

12.0%

All conditions: 19.4%

Granted on the merits

27.7%

Granted ÷ (granted + denied)

Remanded

54.8%

Denied: 31.4%

Residuals of encephalitis outcomes by year

YearIssues decidedGrantedDeniedRemandedOther
2018
94
5.3%45.7%44.7%4.3%
2019
215
13.5%30.7%54.4%1.4%
2020
311
8.4%32.2%56.9%2.6%
2021
217
11.5%40.1%46.5%1.8%
2022
303
9.9%25.1%63.0%2.0%
2023
284
12.3%24.6%61.6%1.4%
2024
219
13.2%28.3%57.1%1.4%
2025
192
18.8%30.2%48.4%2.6%
2026
69
17.4%37.7%42.0%2.9%

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 Other: dismissed, withdrawn or no clear outcome.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 residuals of encephalitis decisions

For each kind of supporting evidence: how often the Board granted the residuals of encephalitis 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 recordDecisionsGranted when presentWhen absentDifference
Positive nexus opinion25864.3%18.2%+46.1 pts
Favorable VA exam24463.0%19.2%+43.8 pts
Treating physician opinion8546.8%26.6%+20.2 pts
Combat service17443.8%25.6%+18.1 pts
Private medical opinion49736.5%23.6%+12.9 pts
Claimed as secondary11539.4%27.2%+12.2 pts
Buddy statement10637.2%27.2%+10.0 pts
Lay statement1,59626.3%39.5%−13.2 pts
  • The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 71.3% of the decisions that granted residuals of encephalitis.
  • The Board found the veteran's statements credible in 47.4% of grants and 13.3% 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 residuals of encephalitis was still granted when the record contained the negative item, not that the item helped.

In the recordDecisionsGranted when presentWhen absentDifference
Unfavorable VA exam1,40726.8%33.1%−6.3 pts
Negative nexus opinion94024.3%33.0%−8.7 pts

Why the Board granted or denied residuals of encephalitis

Most common reasons in grants

  1. Current diagnosis established20
  2. New and material evidence submitted2
  3. Presumption of soundness not rebutted2
  4. Veteran has current TBI diagnosis2
  5. In-service head injury documented2
  6. Veteran reported in-service head injury2
  7. Service connection granted2
  8. Criteria for service connection met2

Most common reasons in denials

  1. No current diagnosis110
  2. Preponderance of the evidence against the claim51
  3. VA examiner: less likely than not related to service50
  4. Service records negative or silent41
  5. Current diagnosis established25
  6. No in-service complaints, treatment or diagnosis18
  7. Criteria for service connection not met7
  8. No current TBI diagnosis5

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 residuals of encephalitis decisions

Granted

Citation Nr. A26039909John Z. Jones · 2026

Credible testimony of two in-service head injuries; Continuing symptoms reported since service; Service treatment records silent for diagnosis, but noted two head injuries

Citation Nr. A26031127Tiffany Dawson · 2026

Current residuals established; Nexus to service established; Benefit of the doubt applied

Citation Nr. A26030304Ray Barto Slabbekorn, Jr. · 2026

Reduction improper due to less complete VA exam; No evidence of sustained material improvement; Doubt resolved in favor of Veteran due to incomplete exam

Denied

Citation Nr. A26040887M. Mills · 2026

No current diagnosis of TBI; VA examiner opined less likely related to service; Veteran's lay statements not competent for diagnosis

Citation Nr. A26040055A. C. Mackenzie · 2026

No current diagnosis of TBI; In-service TBI symptoms resolved within 24 hours; Current symptoms attributed to PTSD and functional impairment

Citation Nr. A26036904Yvette R. White · 2026

No current diagnosis of TBI; No evidence of complaints, treatment, or diagnoses since service; Evidence persuasively weighs against claim

Rules that apply to residuals of encephalitis claims

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How these numbers are calculated

  • Rates count decisions in which the Board decided a residuals of encephalitis 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.