Veterans Law Judge

Judge R. Costello: BVA decisions and outcomes

From 2019 to 2023, Veterans Law Judge R. Costello signed 323 Board decisions covering 596 condition issues. The judge granted 19.8% of those issues, denied 27.7% and remanded 49.5%. For the same mix of conditions, the rest of the Board granted 19.4% and remanded 48.0%, so this judge's grant rate is close to the Board's and the remand rate is close to it.

Decisions

323

2019–2023

Issues decided

596

One issue per condition per decision

Issues granted

19.8%

Board, same conditions: 19.4%

Issues remanded

49.5%

Board, same conditions: 48.0%

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 impairment434.7%17.3%48.8%51.1%
Hearing loss3215.6%19.5%43.8%34.6%
Degenerative arthritis of the spine (spondylosis)2714.8%20.7%51.9%46.1%
Tinnitus2227.3%39.6%22.7%22.7%
Peripheral nerve disorders2245.5%20.5%36.4%51.7%
Hypertension2227.3%17.2%36.4%48.7%
Sleep apnea syndromes (obstructive central mixed)2128.6%26.2%47.6%50.3%

Judge R. Costello's decisions by year

YearDecisionsGrantedDeniedRemanded
2021
88
34.1%37.5%45.5%
2022
67
37.3%29.9%50.7%
2023
152
25.7%38.8%36.2%

Why the Board granted or denied issues in Judge R. Costello's decisions

Most common reasons in grants

  1. Current diagnosis established7
  2. Continuity of symptomatology since service2
  3. Conceded herbicide exposure2
  4. Caused by the service-connected disability2

Most common reasons in denials

  1. Service records negative or silent12
  2. VA examiner: less likely than not related to service10
  3. Preponderance of the evidence against the claim9
  4. No in-service complaints, treatment or diagnosis8
  5. No current diagnosis8
  6. No continuity of symptomatology3
  7. Current diagnosis established3
  8. Already at the maximum schedular rating2

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 R. Costello decisions

Granted

Citation Nr. A23007017R. Costello · 2023

Prior denials based on erroneous interpretation of VA examination; Misreading of favorable examination report constituted CUE; Established diagnosis, in-service incurrence, and nexus

Citation Nr. 23022041R. Costello · 2023

Service treatment records show diagnosis of acquired psychiatric disorder in service; Separation physical noted adjustment disorder and depressed mood; Benefit of the doubt applied due to approximately balanced evidence

Citation Nr. A23007090R. Costello · 2023

Prostate cancer manifested symptoms by May 7, 2019; Private medical opinion opined cancer likely existed in May 2019; Veteran testimony corroborated earlier symptoms; Evidence in approximate balance; Benefit of the doubt applied

Denied

Citation Nr. 23022226R. Costello · 2023

No competent evidence of current diagnosis of hypertension; Service treatment records devoid of diagnosis or treatment for hypertension; Post-service records showed elevated readings but no diagnosis

Citation Nr. 23022117R. Costello · 2023

No in-service complaint, diagnosis, or treatment for diabetes; VA examiner opined less likely than not related to service; Veteran's lay statements confirmed post-service diagnosis

Citation Nr. A23007118R. Costello · 2023

Symptoms described as occasional/intermittent, not frequent; Diarrhea resolved upon cessation of medication; Medical expert found symptoms did not cause functional impairment in work ability

Research your Judge R. Costello 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 (2019–2023) and can contain errors. It is updated automatically as new decisions are added.