Veterans Law Judge

Judge Brian J. Elwood: BVA decisions and outcomes

From 2019 to 2022, Veterans Law Judge Brian J. Elwood signed 279 Board decisions covering 609 condition issues. The judge granted 22.5% of those issues, denied 24.3% and remanded 51.2%. For the same mix of conditions, the rest of the Board granted 19.3% and remanded 47.9%, so this judge's grant rate is above the Board's and the remand rate is above it.

Decisions

279

2019–2022

Issues decided

609

One issue per condition per decision

Issues granted

22.5%

Board, same conditions: 19.3%

Issues remanded

51.2%

Board, same conditions: 47.9%

Judges do not choose their cases, and grant rates differ a lot by condition. “Board, same conditions” is what the rest of the Board decided for the same mix of conditions, so the comparison is fair to the judge's docket. This is not a ranking.

Conditions this judge decided most

Each row compares the judge's issues on one condition with the rest of the Board's issues on the same condition. Conditions with fewer than 20 of this judge's issues are left out, because a few decisions can swing the rate.

ConditionIssuesGrantedBoard grantedRemandedBoard remanded
Knee impairment4134.1%17.3%41.5%51.1%
Hearing loss3933.3%19.5%23.1%34.6%
Posttraumatic stress disorder (PTSD)2552.0%28.9%24.0%38.1%
Shoulder impairment2313.0%14.3%69.6%53.0%
Tinnitus2245.5%39.6%31.8%22.7%
Hip impairment200.0%14.3%85.0%53.8%
Hypertension2010.0%17.2%75.0%48.7%

Judge Brian J. Elwood's decisions by year

YearDecisionsGrantedDeniedRemanded
2019
36
55.6%19.4%58.3%
2020
35
42.9%40.0%65.7%
2021
154
39.0%41.6%52.6%
2022
54
31.5%48.1%53.7%

Why the Board granted or denied issues in Judge Brian J. Elwood's decisions

Most common reasons in grants

  1. Current diagnosis established16
  2. Evidence evenly balanced5
  3. Evidence is at least evenly balanced regarding onset in service4
  4. In-service noise exposure conceded2
  5. Continuous post-service symptoms2
  6. Symptoms approximated 70% criteria2
  7. Already at the maximum schedular rating2

Most common reasons in denials

  1. Preponderance of the evidence against the claim15
  2. No in-service complaints, treatment or diagnosis5
  3. Current diagnosis established4
  4. No current diagnosis3
  5. Service records negative or silent3
  6. VA examiner: less likely than not related to service3
  7. No continuity of symptomatology3
  8. Blood pressure readings did not predominantly meet criteria for compensable rating1

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 Judge Brian J. Elwood decisions

Granted

Citation Nr. 22016640Brian J. Elwood · 2022

Current bilateral hearing loss diagnosed in December 2015 VA examination.; Conflicting medical opinions: May 2014 VA otolaryngologist opined hearing loss was undoubtedly caused at least in part by in-service noise exposure; December 2015 VA examiner opined less likely than not service-related.; Benefit of the doubt applied due to approximate balance of evidence.

Citation Nr. A22004982Brian J. Elwood · 2022

Veteran meets schedular criteria for TDIU with combined 80% disability.; Veteran's physical and psychiatric limitations prevent securing/following substantially gainful employment.; Reasonable doubt resolved in veteran's favor.

Citation Nr. 22016245Brian J. Elwood · 2022

Evidence in equipoise regarding unemployability; Benefit of doubt resolved in veteran's favor; Credible lay accounts of pain and limitations impacting work

Denied

Citation Nr. 22018534Brian J. Elwood · 2022

Conflicting VA medical opinions on current diagnosis of chronic bronchitis.; Later VA opinion found no chronic respiratory injury related to Gulf War exposure.; Veteran's lay opinion on nexus was deemed incompetent.; Evidence persuasively weighed against service connection.

Citation Nr. 22017894Brian J. Elwood · 2022

Evidence did not meet criteria for higher ratings based on limitation of motion or ankylosis.; Painful motion alone does not equate to functional loss.; Flare-ups did not result in objective findings for increased ratings.

Citation Nr. A22004982Brian J. Elwood · 2022

October 2007 decision became final.; No new and material evidence received within one year of October 2007 decision.; No informal claim for this disability prior to January 31, 2014.

Research your Judge Brian J. Elwood case

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How these numbers are calculated

  • Issue rates count each condition the Board decided in a decision once, by the outcome of that issue. A decision can grant one issue and deny another.
  • The yearly table counts decisions: a decision with a granted issue and a denied issue appears in both columns, so a row can add up to more than 100%.
  • "Board, same conditions" weights the rest of the Board's grant and remand rate for each condition by how many of this judge's issues were on that condition. It does not adjust for evidence, hearing type or representation.
  • Judges are identified from the signature on each decision. This page is a statistical summary, not an evaluation of any judge.
  • The data comes from CaseScribe's AI extraction of public BVA decisions (2019–2022) and can contain errors. It is updated automatically as new decisions are added.