{"page":"https://casescribe.ai/explorer/conditions/emphysema-pulmonary","generated_at":"2026-10-03T18:34:05.708Z","data_as_of":{"decisions":944125,"first_year":2017,"last_year":2026,"latest_decision":"2026-04-30","cfr":"2026-10-01","m21":"2026-09-29"},"about":{"publisher":"CaseScribe AI (VA Law Explorer)","source":"Public Board of Veterans' Appeals decisions (appeals of VA decisions, not VA's first decisions), M21-1 Adjudication Procedures Manual, 38 CFR Parts 3 and 4.","method":"Outcomes are issue-level: each condition the Board decided in a decision counts once. Decision data is extracted by AI and can contain errors. Rates describe past appeals and do not predict any claim.","disclaimer":"For research only. CaseScribe AI is not a law firm and this is not legal advice. Verify figures against the source decisions and regulations.","attribution":"Cite as: VA Law Explorer, CaseScribe AI, with the page URL."},"data":{"condition":"Emphysema pulmonary","all_conditions_granted_pct":19.4,"decisions":807,"years":"2017-2026","granted_pct":11.6,"denied_pct":33.6,"remanded_pct":53.4,"granted_on_merits_pct":25.8,"by_year":[{"year":2017,"issues":41,"granted_pct":2.4,"denied_pct":48.8,"remanded_pct":43.9},{"year":2018,"issues":61,"granted_pct":8.2,"denied_pct":39.3,"remanded_pct":50.8},{"year":2019,"issues":74,"granted_pct":5.4,"denied_pct":47.3,"remanded_pct":43.2},{"year":2020,"issues":78,"granted_pct":6.4,"denied_pct":35.9,"remanded_pct":56.4},{"year":2021,"issues":69,"granted_pct":8.7,"denied_pct":30.4,"remanded_pct":59.4},{"year":2022,"issues":88,"granted_pct":8,"denied_pct":22.7,"remanded_pct":68.2},{"year":2023,"issues":104,"granted_pct":12.5,"denied_pct":23.1,"remanded_pct":60.6},{"year":2024,"issues":99,"granted_pct":14.1,"denied_pct":27.3,"remanded_pct":57.6},{"year":2025,"issues":153,"granted_pct":16.3,"denied_pct":36.6,"remanded_pct":46.4},{"year":2026,"issues":47,"granted_pct":29.8,"denied_pct":34,"remanded_pct":34}],"benefit_of_doubt_in_grants_pct":67,"evidence_on_merits":[{"evidence":"va_exam_favorable","decisions_with":76,"granted_pct_with":65.4,"granted_pct_without":19.2},{"evidence":"va_exam_unfavorable","decisions_with":583,"granted_pct_with":24,"granted_pct_without":32.9},{"evidence":"nexus_positive","decisions_with":113,"granted_pct_with":69.6,"granted_pct_without":13.6},{"evidence":"nexus_negative","decisions_with":470,"granted_pct_with":22.1,"granted_pct_without":33.1},{"evidence":"private_opinion","decisions_with":217,"granted_pct_with":41.1,"granted_pct_without":19},{"evidence":"lay_statement","decisions_with":630,"granted_pct_with":21.9,"granted_pct_without":43.8},{"evidence":"combat_service","decisions_with":45,"granted_pct_with":27.3,"granted_pct_without":25.7}],"top_reasons":{"granted":[{"reason":"current diagnosis established","decisions":18},{"reason":"caused by the service-connected disability","decisions":4},{"reason":"pact act presumptive service connection","decisions":3},{"reason":"presumed exposure to burn pits under pact act","decisions":2},{"reason":"conceded tera participation","decisions":2},{"reason":"pact act presumption for emphysema","decisions":2}],"denied":[{"reason":"va examiner: less likely than not related to service","decisions":40},{"reason":"preponderance of the evidence against the claim","decisions":40},{"reason":"no current diagnosis","decisions":33},{"reason":"no in-service complaints, treatment or diagnosis","decisions":32},{"reason":"service records negative or silent","decisions":22},{"reason":"current diagnosis established","decisions":13}]},"recent_examples":{"granted":[{"case_id":"A26037126","year":2026,"judge":"L. HOWELL","rationale":"PACT Act presumptive service connection; Qualifying Southwest Asia service; Diagnosis of bullous emphysema"},{"case_id":"A26035756","year":2026,"judge":"JENNIFER HWA","rationale":"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"},{"case_id":"A26030776","year":2026,"judge":"ANTHONY C. SCIRÉ, JR","rationale":"10 percent rating granted prior to May 10, 2024; FEV-1 results 80 percent predicted prior to May 10, 2024"}],"denied":[{"case_id":"A26039417","year":2026,"judge":"C.B. IWANOWSKI","rationale":"No in-service event, injury, or disease established; No indication of nexus to service; Evidence persuasively weighs against claim"},{"case_id":"A26036089","year":2026,"judge":"CORY M. PICTON","rationale":"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"},{"case_id":"A26030776","year":2026,"judge":"ANTHONY C. SCIRÉ, JR","rationale":"Compensable rating denied from May 10, 2024; FEV-1 results 93.1 percent predicted as of May 10, 2024"}]},"how_va_rates":null,"rules":[]}}