Veterans Law Judge

Judge C. Trueba: BVA decisions and outcomes

From 2017 to 2023, Veterans Law Judge C. Trueba signed 2,262 Board decisions covering 4,422 condition issues. The judge granted 14.5% of those issues, denied 24.9% and remanded 57.1%. For the same mix of conditions, the rest of the Board granted 19.8% and remanded 47.2%, so this judge's grant rate is below the Board's and the remand rate is above it.

Decisions

2,262

2017–2023

Issues decided

4,422

One issue per condition per decision

Issues granted

14.5%

Board, same conditions: 19.8%

Issues remanded

57.1%

Board, same conditions: 47.2%

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 impairment3539.1%17.3%62.9%51.1%
Hearing loss29314.7%19.5%44.7%34.6%
Tinnitus22043.6%39.6%23.2%22.7%
Posttraumatic stress disorder (PTSD)21220.3%28.9%53.3%38.1%
Hypertension16912.4%17.2%62.1%48.7%
Degenerative arthritis of the spine (spondylosis)15918.2%20.7%50.3%46.0%
Sleep apnea syndromes (obstructive central mixed)15418.2%26.2%54.5%50.3%
Intervertebral disc syndrome1279.4%18.7%60.6%48.0%
Shoulder impairment1018.9%14.3%57.4%53.0%
Diabetes mellitus9813.3%20.0%49.0%40.0%
Peripheral nerve disorders879.2%20.6%60.9%51.7%
Migraine7821.8%30.2%50.0%42.2%
Major depressive disorder7030.0%34.6%51.4%34.1%
Ankle impairment6910.1%16.9%66.7%50.4%
Hip impairment667.6%14.4%75.8%53.8%

Judge C. Trueba's decisions by year

YearDecisionsGrantedDeniedRemanded
2017
174
13.8%39.1%36.2%
2018
229
15.7%41.9%56.8%
2019
923
27.8%33.0%62.4%
2020
803
27.3%32.3%62.0%
2021
114
24.6%33.3%59.6%

Why the Board granted or denied issues in Judge C. Trueba's decisions

Most common reasons in grants

  1. Current diagnosis established51
  2. Continuity of symptomatology since service16
  3. Service connection established12
  4. In-service noise exposure conceded12
  5. Caused by the service-connected disability8
  6. Aggravated by the service-connected disability8
  7. New and material evidence received6
  8. Preponderance of the evidence against the claim5

Most common reasons in denials

  1. Preponderance of the evidence against the claim145
  2. VA examiner: less likely than not related to service56
  3. No in-service complaints, treatment or diagnosis52
  4. No current diagnosis40
  5. Service records negative or silent20
  6. Already at the maximum schedular rating15
  7. Current diagnosis established15
  8. No continuity of symptomatology13

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 C. Trueba decisions

Granted

Citation Nr. 23001231C. Trueba · 2023

Granted 30% rating for moderate incomplete paralysis (June 2018-June 2021); Evidence did not support higher rating for the period; Benefit of the doubt rule did not apply as evidence weighed against higher rating

Citation Nr. 22062346C. Trueba · 2022

Evidence in equipoise; Private psychologist opinion probative; Opinion linked condition to Vietnam service; Benefit of doubt resolved in Veteran's favor

Citation Nr. 22037799C. Trueba · 2022

Original rating under DC 5257 protected due to being in effect for over 20 years.; RO's change in DC and termination of instability rating was impermissible reduction.; Murray v. Shinseki precedent applied, distinguishing knee laxity/instability from loss of range of motion.

Denied

Citation Nr. 23001231C. Trueba · 2023

Evidence did not support ankylosis or higher functional loss; Veteran already in receipt of maximum schedular rating (10%); Benefit of the doubt rule did not apply as evidence weighed against higher rating

Citation Nr. 22062346C. Trueba · 2022

Evidence persuasively weighs against PTSD diagnosis; Negative/inconclusive VA PTSD screens; Private evaluations did not meet DSM-5 criteria; Benefit of the doubt doctrine not applicable

Citation Nr. 22046759C. Trueba · 2022

Evidence persuasively weighs against 100 percent rating.; Veteran's METs level limited by non-cardiac issues.; Ejection fraction generally within normal limits or higher than required for 100%.

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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 (2017–2023) and can contain errors. It is updated automatically as new decisions are added.