Veterans Law Judge
Judge H. N. Schwartz: BVA decisions and outcomes
From 2017 to 2022, Veterans Law Judge H. N. Schwartz signed 4,338 Board decisions covering 9,077 condition issues. The judge granted 14.3% of those issues, denied 45.6% and remanded 37.3%. For the same mix of conditions, the rest of the Board granted 19.5% and remanded 47.4%, so this judge's grant rate is below the Board's and the remand rate is below it.
Decisions
4,338
2017–2022
Issues decided
9,077
One issue per condition per decision
Issues granted
14.3%
Board, same conditions: 19.5%
Issues remanded
37.3%
Board, same conditions: 47.4%
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.
| Condition | Issues | Granted | Board granted | Remanded | Board remanded |
|---|---|---|---|---|---|
| Knee impairment | 733 | 13.6% | 17.3% | 39.0% | 51.2% |
| Hearing loss | 536 | 14.6% | 19.5% | 22.8% | 34.6% |
| Posttraumatic stress disorder (PTSD) | 506 | 27.3% | 28.9% | 32.4% | 38.1% |
| Degenerative arthritis of the spine (spondylosis) | 393 | 18.8% | 20.7% | 33.1% | 46.1% |
| Hypertension | 332 | 6.3% | 17.2% | 43.4% | 48.8% |
| Tinnitus | 295 | 37.3% | 39.6% | 15.3% | 22.8% |
| Sleep apnea syndromes (obstructive central mixed) | 238 | 16.4% | 26.3% | 44.5% | 50.4% |
| Intervertebral disc syndrome | 232 | 10.3% | 18.7% | 36.6% | 48.1% |
| Peripheral nerve disorders | 200 | 11.5% | 20.6% | 31.0% | 51.8% |
| Shoulder impairment | 197 | 10.2% | 14.3% | 42.1% | 53.1% |
| Migraine | 193 | 29.5% | 30.2% | 26.9% | 42.2% |
| Diabetes mellitus | 165 | 12.7% | 20.0% | 28.5% | 40.1% |
| Ankle impairment | 148 | 12.2% | 16.9% | 40.5% | 50.5% |
| Hip impairment | 140 | 6.4% | 14.4% | 37.1% | 53.9% |
| Major depressive disorder | 106 | 29.2% | 34.6% | 25.5% | 34.2% |
Judge H. N. Schwartz's decisions by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2017 | 660 | 21.4% | 49.2% | 46.4% |
| 2018 | 859 | 30.4% | 51.9% | 45.8% |
| 2019 | 865 | 31.0% | 54.5% | 45.8% |
| 2020 | 988 | 29.4% | 56.7% | 37.7% |
| 2021 | 952 | 26.2% | 54.0% | 40.7% |
Why the Board granted or denied issues in Judge H. N. Schwartz's decisions
Most common reasons in grants
- Continuity of symptomatology since service33
- Caused by the service-connected disability27
- Current diagnosis established25
- Service connection established17
- Preponderance of the evidence against the claim16
- Credible report of in-service noise exposure13
- In-service noise exposure conceded9
- No intercurrent cause shown9
Most common reasons in denials
- Preponderance of the evidence against the claim345
- VA examiner: less likely than not related to service240
- No in-service complaints, treatment or diagnosis133
- No current diagnosis95
- Service records negative or silent74
- No continuity of symptomatology33
- Current diagnosis established32
- Already at the maximum schedular rating25
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 H. N. Schwartz decisions
Granted
Instability present from July 2, 2018.; Mild instability found, objective testing negative.; Separate rating allowed under DC 5257 without pyramiding.
Veteran's PTSD symptoms prevent ability to secure and follow substantially gainful occupation; Veteran's reported avoidance of public places and interaction; Examiner noted mild memory loss and difficulty adapting to stressful circumstances
Veteran's combined rating of 80% meets schedular criteria for TDIU.; Earlier VA exams did not consider recent evidence of inability to work seated without leg elevation.; Tinnitus may impede communication.; Significant physical impairments interfere with labor.
Denied
October 2020 VA examination results applied to audiometric tables yielded a 20 percent rating.; Veteran's described difficulties are contemplated by rating criteria.; Preponderance of evidence weighs against claim for higher rating.
Preponderance of evidence against rating in excess of 10 percent for period prior to August 29, 2020.; Flexion limitations did not meet criteria for 10 percent rating from August 29, 2020.; Pain and functional loss considered but did not warrant higher rating.
Preponderance of evidence against rating higher than 10%; Criteria for 20% rating not met; No severe muscle spasm or guarding causing abnormal spinal contour
Research your Judge H. N. Schwartz case
Narrow by year, judge, evidence or secondary condition, read the decisions, and export a research memo.
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 (2017–2022) and can contain errors. It is updated automatically as new decisions are added.