Veterans Law Judge
Judge J. Kirby: BVA decisions and outcomes
From 2021 to 2026, Veterans Law Judge J. Kirby signed 3,458 Board decisions covering 6,196 condition issues. The judge granted 21.1% of those issues, denied 34.2% and remanded 43.3%. For the same mix of conditions, the rest of the Board granted 20.5% and remanded 46.3%, so this judge's grant rate is close to the Board's and the remand rate is below it.
Decisions
3,458
2021–2026
Issues decided
6,196
One issue per condition per decision
Issues granted
21.1%
Board, same conditions: 20.5%
Issues remanded
43.3%
Board, same conditions: 46.3%
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 | 443 | 19.6% | 17.3% | 49.0% | 51.1% |
| Posttraumatic stress disorder (PTSD) | 292 | 34.9% | 28.9% | 27.1% | 38.1% |
| Hearing loss | 286 | 13.6% | 19.5% | 31.8% | 34.6% |
| Sleep apnea syndromes (obstructive central mixed) | 284 | 25.0% | 26.2% | 50.0% | 50.3% |
| Tinnitus | 245 | 40.4% | 39.6% | 15.1% | 22.8% |
| Hypertension | 190 | 22.1% | 17.1% | 41.1% | 48.8% |
| Migraine | 172 | 31.4% | 30.1% | 32.6% | 42.2% |
| Hip impairment | 165 | 17.6% | 14.3% | 47.9% | 53.8% |
| Degenerative arthritis of the spine (spondylosis) | 163 | 20.2% | 20.7% | 39.3% | 46.1% |
| Intervertebral disc syndrome | 136 | 15.4% | 18.7% | 54.4% | 48.0% |
| Shoulder impairment | 123 | 12.2% | 14.3% | 50.4% | 53.0% |
| Peripheral nerve disorders | 121 | 19.8% | 20.5% | 54.5% | 51.7% |
| Ankle impairment | 108 | 16.7% | 16.9% | 42.6% | 50.5% |
| Diabetes mellitus | 91 | 29.7% | 19.9% | 29.7% | 40.1% |
| Gastroesophageal reflux disease (GERD) | 90 | 20.0% | 19.3% | 53.3% | 52.9% |
Judge J. Kirby's decisions by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2021 | 69 | 31.9% | 60.9% | 39.1% |
| 2022 | 701 | 33.0% | 40.9% | 44.8% |
| 2023 | 786 | 31.4% | 40.8% | 45.5% |
| 2024 | 776 | 32.5% | 30.4% | 42.1% |
| 2025 | 843 | 37.1% | 39.4% | 47.4% |
| 2026 | 283 | 37.1% | 36.0% | 44.2% |
Why the Board granted or denied issues in Judge J. Kirby's decisions
Most common reasons in grants
- Current diagnosis established70
- Continuity of symptomatology since service36
- Service connection established31
- Caused by the service-connected disability27
- In-service noise exposure conceded11
- Reduction void ab initio9
- VA examiner: less likely than not related to service8
- Aggravated by the service-connected disability6
Most common reasons in denials
- No current diagnosis96
- VA examiner: less likely than not related to service77
- No in-service complaints, treatment or diagnosis76
- Service records negative or silent61
- Current diagnosis established41
- Already at the maximum schedular rating27
- Evidence persuasively weighs against service connection16
- Continuity of symptomatology since service15
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 J. Kirby decisions
Granted
Service treatment records noted frequent headaches.; Veteran's lay statement described headaches as very frequent, prostrating, prolonged attacks causing economic inadaptability.; VA examiner noted headaches negatively affected concentration, though opined Veteran did not have prostrating attacks.; Board found headaches met criteria for 50% rating based on frequency, accompanying symptoms, and economic inadaptability.
Competent and probative evidence supports a 20 percent rating for painful motion of the AC joint.; Painful motion of the AC joint is a residual of the left clavicle fracture.; A higher rating is not warranted as motion was not limited to 25 degrees from side.
AOJ granted service connection for bilateral hearing loss.; Board found nexus to service and current diagnosis.; Granted to extent that earlier effective date was warranted.
Denied
No in-service complaints or treatment documented; Private treatment records indicate gradual onset due to occupation; VA examiner found less likely than not related to service
Service treatment records showed acute sinusitis during service.; Separation examination found normal sinuses.; Post-service medical records are silent for sinus issues.; VA examiner found no current diagnosis of sinusitis.; Private nexus opinion was inadequate due to lack of rationale.
Maximum schedular rating contemplates severe economic inadaptability; Record does not support extraschedular rating; Veteran's testimony of missing work despite treatment did not meet extraschedular criteria
Research your Judge J. Kirby 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 (2021–2026) and can contain errors. It is updated automatically as new decisions are added.