BVA decisions by condition
Neoplasms malignant any specified part of respiratory system: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a neoplasms malignant any specified part of respiratory system issue in 1,225 decisions. It granted the neoplasms malignant any specified part of respiratory system issue in 21.1% of them, close to the 19.4% grant rate for all conditions, denied it in 30.2%, and remanded it in 47.4%. Counting only decisions on the merits (granted or denied), 41.2% were granted.
Decisions
1,225
2017–2026
Granted
21.1%
All conditions: 19.4%
Granted on the merits
41.2%
Granted ÷ (granted + denied)
Remanded
47.4%
Denied: 30.2%
Neoplasms malignant any specified part of respiratory system outcomes by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2017 | 68 | 13.2% | 33.8% | 48.5% |
| 2018 | 127 | 20.5% | 38.6% | 39.4% |
| 2019 | 158 | 19.6% | 33.5% | 45.6% |
| 2020 | 151 | 21.2% | 35.8% | 40.4% |
| 2021 | 131 | 19.1% | 25.2% | 53.4% |
| 2022 | 138 | 14.5% | 29.0% | 55.8% |
| 2023 | 153 | 21.6% | 28.1% | 51.0% |
| 2024 | 119 | 22.7% | 24.4% | 51.3% |
| 2025 | 128 | 28.1% | 26.6% | 46.1% |
| 2026 | 52 | 38.5% | 23.1% | 38.5% |
Evidence in granted and denied neoplasms malignant any specified part of respiratory system decisions
For each kind of supporting evidence: how often the Board granted the neoplasms malignant any specified part of respiratory system 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 | 192 | 72.3% | 31.6% | +40.7 pts |
| Combat service | 55 | 72.4% | 39.7% | +32.7 pts |
| Favorable VA exam | 82 | 68.6% | 37.7% | +30.8 pts |
| Treating physician opinion | 89 | 67.9% | 38.6% | +29.3 pts |
| Claimed as secondary | 230 | 57.6% | 38.4% | +19.2 pts |
| Private medical opinion | 462 | 49.5% | 34.3% | +15.2 pts |
| Lay statement | 891 | 34.7% | 64.0% | −29.3 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 70.7% of the decisions that granted neoplasms malignant any specified part of respiratory system.
- The Board found the veteran's statements credible in 24.3% of grants and 10.5% 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 neoplasms malignant any specified part of respiratory system 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 | 571 | 32.6% | 49.7% | −17.1 pts |
| Unfavorable VA exam | 735 | 35.0% | 52.5% | −17.5 pts |
Why the Board granted or denied neoplasms malignant any specified part of respiratory system
Most common reasons in grants
- Current diagnosis established36
- Caused by the service-connected disability15
- Veteran served in thailand during vietnam era4
- Pact act presumptive service connection for respiratory cancer4
- Lung cancer is a presumptive condition under 38 c.f.r. § 3.309(e)3
- Presumption of herbicide exposure applies3
- Service connection established3
- Diagnosis of lung cancer3
Most common reasons in denials
- No current diagnosis45
- Preponderance of the evidence against the claim41
- No in-service complaints, treatment or diagnosis39
- VA examiner: less likely than not related to service35
- Service records negative or silent31
- Current diagnosis established12
- No continuity of symptomatology8
- Evidence persuasively weighs against service connection6
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 neoplasms malignant any specified part of respiratory system decisions
Granted
Pulmonary coin lesion evaluated under DC 6820 by analogy to Restrictive Lung Disease; FEV-1/FVC of 83 percent predicted meets criteria for 10 percent evaluation; Higher rating not warranted as FEV-1/FVC does not meet criteria for 30 percent evaluation
Competent and probative VA TERA Medical Opinion DBQ; Conceded in-service TERA exposure; Approximate equipoise of evidence; Benefit of the doubt applied
Evidence in equipoise; Positive VA medical oncologist opinion; TERA memorandums reflect exposure; Benefit of the doubt applied
Denied
No current diagnosis of lung lesions/spots; Service treatment records negative for lung issues; Evidence weighed against the claim; Benefit of the doubt doctrine did not apply
No current diagnosis of lung cancer established.; Medical evidence showed pulmonary aspergillosis, not malignancy.; Pulmonary aspergillosis is not a presumptive condition for herbicide exposure.
No current diagnosis for lung nodule; No proof of present disability; VA examiner provided negative nexus opinion
Rules that apply to neoplasms malignant any specified part of respiratory system 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 neoplasms malignant any specified part of respiratory system 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 neoplasms malignant any specified part of respiratory system 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.