Veterans Law Judge
Judge Neil T. Werner: BVA decisions and outcomes
From 2017 to 2026, Veterans Law Judge Neil T. Werner signed 553 Board decisions covering 1,327 condition issues. The judge granted 16.2% of those issues, denied 33.2% and remanded 49.0%. For the same mix of conditions, the rest of the Board granted 19.0% and remanded 48.1%, so this judge's grant rate is below the Board's and the remand rate is close to it.
Decisions
553
2017–2026
Issues decided
1,327
One issue per condition per decision
Issues granted
16.2%
Board, same conditions: 19.0%
Issues remanded
49.0%
Board, same conditions: 48.1%
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 | 118 | 11.0% | 17.3% | 47.5% | 51.1% |
| Hearing loss | 68 | 23.5% | 19.5% | 29.4% | 34.6% |
| Posttraumatic stress disorder (PTSD) | 58 | 27.6% | 28.9% | 44.8% | 38.1% |
| Hypertension | 50 | 10.0% | 17.2% | 56.0% | 48.7% |
| Intervertebral disc syndrome | 37 | 16.2% | 18.7% | 37.8% | 48.0% |
| Tinnitus | 36 | 33.3% | 39.6% | 13.9% | 22.8% |
| Degenerative arthritis of the spine (spondylosis) | 34 | 23.5% | 20.7% | 32.4% | 46.1% |
| Shoulder impairment | 33 | 12.1% | 14.3% | 57.6% | 53.0% |
| Sleep apnea syndromes (obstructive central mixed) | 33 | 15.2% | 26.2% | 51.5% | 50.3% |
| Hip impairment | 31 | 12.9% | 14.3% | 58.1% | 53.8% |
| Ankle impairment | 29 | 20.7% | 16.9% | 37.9% | 50.4% |
| Diabetes mellitus | 26 | 15.4% | 20.0% | 38.5% | 40.1% |
| Migraine | 20 | 45.0% | 30.1% | 30.0% | 42.2% |
| Cervical spine limitation of motion | 20 | 10.0% | 13.2% | 65.0% | 58.4% |
Judge Neil T. Werner's decisions by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2017 | 25 | 4.0% | 44.0% | 80.0% |
| 2018 | 78 | 30.8% | 48.7% | 73.1% |
| 2019 | 82 | 37.8% | 51.2% | 53.7% |
| 2020 | 65 | 27.7% | 52.3% | 60.0% |
| 2021 | 177 | 41.8% | 52.0% | 47.5% |
| 2022 | 107 | 29.9% | 49.5% | 47.7% |
Why the Board granted or denied issues in Judge Neil T. Werner's decisions
Most common reasons in grants
- Current diagnosis established16
- Service connection established13
- In-service noise exposure conceded4
- Symptoms approximate criteria for 70% rating2
- Suicidal ideation present2
- New and material evidence submitted to reopen claim2
- Criteria for service connection met2
- Symptoms approximate criteria for 50% rating2
Most common reasons in denials
- Service records negative or silent62
- Preponderance of the evidence against the claim15
- VA examiner: less likely than not related to service13
- No in-service complaints, treatment or diagnosis12
- No current diagnosis7
- No continuity of symptomatology7
- Current diagnosis established6
- Aggravated by the service-connected disability5
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 Neil T. Werner decisions
Granted
Service-connected disabilities met schedular requirements for TDIU; Marginal employment during period of appeal; Disabilities rendered veteran unable to secure/follow substantially gainful occupation
Medical evidence of current PTSD and major depressive disorder.; Credible lay testimony and Presidential Unit Citation support in-service stressor.; Competent and credible opinion from treating mental health provider links current conditions to service.
Veteran meets schedular requirements for TDIU (one disability rated 40%+, combined rating 70%+); Veteran's service-connected disabilities (PTSD 70%, Crohn's 30%, etc.) prevent substantially gainful employment; Income from last employment below poverty threshold; worked in accommodating environment
Denied
Forward flexion of cervical spine always greater than 30 degrees.; Combined range of motion of cervical spine always greater than 170 degrees.; No ankylosis or adverse symptomatology equating to ankylosis documented.; No guarding severe enough for abnormal gait or spinal contour.
Evidence did not meet criteria for 70% or 100% rating.; GAF scores of 60 indicated moderate impairment.; TDIU grant was based on multiple conditions, not solely psychiatric disorder.
Negative service treatment records for psychiatric complaints or diagnoses.; Normal psychiatric examination at separation from service.; No documented in-service incident of child rescue failure.; No post-service diagnosis or treatment for psychiatric disorder until approximately 25 years after service.; VA examiner opined condition not due to military service, citing post-military life events.; Veteran's lay statements regarding incident and symptoms lacked corroboration and contained inconsistencies.
Research your Judge Neil T. Werner 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 (2017–2026) and can contain errors. It is updated automatically as new decisions are added.