BVA decisions by condition
Spinal fusion: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a spinal fusion issue in 1,273 decisions. It granted the spinal fusion issue in 10.0% of them, below the 19.4% grant rate for all conditions, denied it in 17.7%, and remanded it in 70.0%. Counting only decisions on the merits (granted or denied), 36.1% were granted.
Decisions
1,273
2017–2026
Granted
10.0%
All conditions: 19.4%
Granted on the merits
36.1%
Granted ÷ (granted + denied)
Remanded
70.0%
Denied: 17.7%
Spinal fusion outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 156 | 7.1% | 16.7% | 72.4% | 3.8% |
| 2018 | 291 | 3.8% | 18.2% | 72.5% | 5.5% |
| 2019 | 264 | 8.3% | 14.4% | 76.1% | 1.1% |
| 2020 | 98 | 7.1% | 22.4% | 63.3% | 7.1% |
| 2021 | 83 | 13.3% | 16.9% | 67.5% | 2.4% |
| 2022 | 101 | 18.8% | 10.9% | 68.3% | 2.0% |
| 2023 | 111 | 13.5% | 20.7% | 63.1% | 2.7% |
| 2024 | 97 | 14.4% | 19.6% | 64.9% | 1.0% |
| 2025 | 91 | 20.9% | 22.0% | 56.0% | 1.1% |
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 Other: dismissed, withdrawn or no clear outcome.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 spinal fusion decisions
For each kind of supporting evidence: how often the Board granted the spinal fusion 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 | 119 | 79.4% | 26.6% | +52.7 pts |
| Favorable VA exam | 98 | 74.5% | 29.6% | +44.9 pts |
| Treating physician opinion | 60 | 66.7% | 33.5% | +33.1 pts |
| Private medical opinion | 287 | 53.7% | 26.6% | +27.0 pts |
| Claimed as secondary | 142 | 55.9% | 34.0% | +21.9 pts |
| Combat service | 50 | 53.3% | 35.3% | +18.0 pts |
| Lay statement | 934 | 37.3% | 30.0% | +7.3 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 61.4% of the decisions that granted spinal fusion.
- The Board found the veteran's statements credible in 30.7% of grants and 12.4% 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 spinal fusion 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 | 410 | 38.2% | 34.7% | +3.5 pts |
| Unfavorable VA exam | 704 | 36.5% | 35.1% | +1.4 pts |
Why the Board granted or denied spinal fusion
Most common reasons in grants
- Current diagnosis established11
- Caused by the service-connected disability7
- Service connection established2
- Etiologically related to service2
- In-service treatment for back pain2
- Continuity of symptomatology since service2
- Forward flexion limited to 30 degrees or less2
Most common reasons in denials
- Preponderance of the evidence against the claim28
- No in-service complaints, treatment or diagnosis15
- No current diagnosis12
- VA examiner: less likely than not related to service11
- Current diagnosis established11
- Service records negative or silent10
- Criteria for service connection not met9
- Continuity of symptomatology since service4
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 spinal fusion decisions
Granted
Competent lay reports of pain onset during service; Continuity of symptomatology established; Negative VA opinion found inadequate
Symptoms approximated moderate incomplete paralysis; Secondary to service-connected parkinsonism; Criteria for 10 percent rating met
October 2013 records show disc space loss and severe arthritis; November 2013 records reflect diagnosis of herniated disc; Evidence in approximate balance regarding nexus to service
Denied
No in-service complaints or treatment for spine disability.; Separation exam showed no back complaints.; No evidence of current diagnosed spine disability other than cervicalgia.; No medical evidence supports nexus to service.
Current diagnosis of thoracic strain; No diagnosis until many years after service; VA examiner opined condition not related to service; Evidence persuasively weighs against service connection
Veteran already rated at 20%; Forward flexion limited to 50 degrees in flare (not 30 degrees or less); No evidence of ankylosis or neurological abnormalities
Rules that apply to spinal fusion 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 spinal fusion 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 spinal fusion 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.