BVA decisions by condition
Residuals of encephalitis: BVA grant rates and what wins
From 2018 to 2026, the Board of Veterans' Appeals decided a residuals of encephalitis issue in 1,874 decisions. It granted the residuals of encephalitis issue in 12.0% of them, below the 19.9% grant rate for all conditions, denied it in 31.1%, and remanded it in 55.3%. Counting only decisions on the merits (granted or denied), 27.8% were granted.
Decisions
1,874
2018–2026
Granted
12.0%
All conditions: 19.9%
Granted on the merits
27.8%
Granted ÷ (granted + denied)
Remanded
55.3%
Denied: 31.1%
Residuals of encephalitis outcomes by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2018 | 93 | 5.4% | 46.2% | 44.1% |
| 2019 | 215 | 13.5% | 30.7% | 54.4% |
| 2020 | 302 | 8.6% | 32.5% | 57.3% |
| 2021 | 216 | 11.6% | 40.3% | 46.8% |
| 2022 | 295 | 9.8% | 24.7% | 64.1% |
| 2023 | 276 | 12.3% | 25.4% | 60.9% |
| 2024 | 219 | 13.2% | 28.3% | 57.1% |
| 2025 | 190 | 18.4% | 30.5% | 48.9% |
| 2026 | 68 | 17.6% | 38.2% | 42.6% |
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 record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Positive nexus opinion | 251 | 63.9% | 18.4% | +45.4 pts |
| Favorable VA exam | 237 | 62.2% | 19.5% | +42.7 pts |
| Treating physician opinion | 85 | 46.8% | 26.6% | +20.2 pts |
| Combat service | 168 | 43.3% | 25.8% | +17.5 pts |
| Private medical opinion | 488 | 37.3% | 23.2% | +14.1 pts |
| Claimed as secondary | 115 | 39.4% | 27.3% | +12.1 pts |
| Buddy statement | 104 | 36.6% | 27.3% | +9.3 pts |
| Lay statement | 1,566 | 26.2% | 41.5% | −15.3 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 71.0% of the decisions that granted residuals of encephalitis.
- The Board found the veteran's statements credible in 46.4% of grants and 13.6% 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 residuals of encephalitis 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 |
|---|---|---|---|---|
| Unfavorable VA exam | 1,386 | 26.7% | 34.2% | −7.5 pts |
| Negative nexus opinion | 924 | 24.1% | 33.4% | −9.3 pts |
Why the Board granted or denied residuals of encephalitis
Most common reasons in grants
- Current diagnosis established20
- Veteran has current TBI diagnosis2
- Resolution of doubt in veteran's favor2
- Service connection granted2
- Service connection established2
- Criteria for service connection met2
- Presumption of soundness not rebutted2
- VA examiner: less likely than not related to service2
Most common reasons in denials
- No current diagnosis109
- VA examiner: less likely than not related to service50
- Preponderance of the evidence against the claim49
- Service records negative or silent39
- Current diagnosis established24
- No in-service complaints, treatment or diagnosis17
- Criteria for service connection not met7
- 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
Credible testimony of two in-service head injuries; Continuing symptoms reported since service; Service treatment records silent for diagnosis, but noted two head injuries
Current residuals established; Nexus to service established; Benefit of the doubt applied
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
No current diagnosis of TBI; VA examiner opined less likely related to service; Veteran's lay statements not competent for diagnosis
No current diagnosis of TBI; In-service TBI symptoms resolved within 24 hours; Current symptoms attributed to PTSD and functional impairment
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
- 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 residuals of encephalitis 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 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 (2018–2026) and can contain errors. It is updated automatically as new decisions are added.