Veterans Law Judge

Judge David H. Robertson: BVA decisions and outcomes

From 2023 to 2026, Veterans Law Judge David H. Robertson signed 1,451 Board decisions covering 2,727 condition issues. The judge granted 8.5% of those issues, denied 68.4% and remanded 21.7%. For the same mix of conditions, the rest of the Board granted 20.8% and remanded 45.6%, so this judge's grant rate is below the Board's and the remand rate is below it.

Decisions

1,451

2023–2026

Issues decided

2,727

One issue per condition per decision

Issues granted

8.5%

Board, same conditions: 20.8%

Issues remanded

21.7%

Board, same conditions: 45.6%

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 impairment2028.9%17.3%10.9%51.2%
Hearing loss14810.1%19.5%12.8%34.6%
Sleep apnea syndromes (obstructive central mixed)1334.5%26.3%38.3%50.4%
Posttraumatic stress disorder (PTSD)10710.3%28.9%15.9%38.1%
Tinnitus9911.1%39.6%15.2%22.8%
Hypertension828.5%17.2%25.6%48.8%
Hip impairment752.7%14.4%30.7%53.8%
Degenerative arthritis of the spine (spondylosis)738.2%20.7%21.9%46.1%
Shoulder impairment677.5%14.3%17.9%53.1%
Migraine6414.1%30.2%15.6%42.2%
Intervertebral disc syndrome6311.1%18.7%19.0%48.1%
Ankle impairment580.0%16.9%25.9%50.5%
Diabetes mellitus4710.6%20.0%29.8%40.1%
Major depressive disorder446.8%34.7%18.2%34.2%
Gastroesophageal reflux disease (GERD)419.8%19.3%17.1%53.0%

Judge David H. Robertson's decisions by year

YearDecisionsGrantedDeniedRemanded
2023
237
17.3%62.9%34.2%
2024
401
16.7%69.1%25.2%
2025
512
14.6%60.5%24.8%
2026
301
21.9%66.8%20.9%

Why the Board granted or denied issues in Judge David H. Robertson's decisions

Most common reasons in grants

  1. Current diagnosis established22
  2. Service connection established9
  3. Caused by the service-connected disability6
  4. VA examiner provided positive nexus opinion3
  5. Grant of earlier effective date3
  6. Continuity of symptomatology since service3
  7. Symptoms approximated moderate incomplete paralysis2
  8. Pact act presumptive service connection2

Most common reasons in denials

  1. VA examiner: less likely than not related to service89
  2. No current diagnosis82
  3. No in-service complaints, treatment or diagnosis77
  4. Service records negative or silent65
  5. Current diagnosis established31
  6. Already at the maximum schedular rating15
  7. Preponderance of the evidence against the claim14
  8. No continuity of symptomatology8

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 David H. Robertson decisions

Granted

Citation Nr. A26039710David H. Robertson · 2026

Presumptive service connection granted under PACT Act; Qualifying Persian Gulf service and diagnosis of allergic rhinitis; Presumption for chronic diseases associated with fine particulate matter exposure

Citation Nr. A26039639David H. Robertson · 2026

VA examiner opined tinnitus is at least as likely as not caused by military noise exposure; Examiner rationale: noise exposure affects outer hair cell function, causing subjective ringing; Veteran's lay testimony regarding tinnitus is competent

Citation Nr. A26038495David H. Robertson · 2026

Prior VA opinions found inadequate due to reliance on inaccurate MOS premise; Prior VA opinions failed to discuss lay statements regarding noise exposure; Veteran's lay statements regarding tinnitus onset and continuity found credible and supported by military records

Denied

Citation Nr. A26040890David H. Robertson · 2026

No in-service complaints, diagnosis, or treatment for right knee disability.; Right knee injury occurred post-service (flag football in 2009).; VA examiners opined less likely than not related to service.

Citation Nr. A26040284David H. Robertson · 2026

No current diagnosis of bilateral hearing loss for VA purposes.; Veteran's lay testimony regarding etiology not competent.; Audiometric testing showed normal hearing bilaterally.

Citation Nr. A26039623David H. Robertson · 2026

Veteran's reported prostrating attacks occurred more than once per month.; Veteran denied completely prostrating and prolonged attacks.; VA examiner noted moderate impact on work ability, not severe economic inadaptability.

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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 (2023–2026) and can contain errors. It is updated automatically as new decisions are added.