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.
| Condition | Issues | Granted | Board granted | Remanded | Board remanded |
|---|---|---|---|---|---|
| Knee impairment | 43 | 4.7% | 17.3% | 48.8% | 51.1% |
| Hearing loss | 32 | 15.6% | 19.5% | 43.8% | 34.6% |
| Degenerative arthritis of the spine (spondylosis) | 27 | 14.8% | 20.7% | 51.9% | 46.1% |
| Tinnitus | 22 | 27.3% | 39.6% | 22.7% | 22.7% |
| Peripheral nerve disorders | 22 | 45.5% | 20.5% | 36.4% | 51.7% |
| Hypertension | 22 | 27.3% | 17.2% | 36.4% | 48.7% |
| Sleep apnea syndromes (obstructive central mixed) | 21 | 28.6% | 26.2% | 47.6% | 50.3% |
Judge R. Costello's decisions by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 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
- Current diagnosis established7
- Continuity of symptomatology since service2
- Conceded herbicide exposure2
- Caused by the service-connected disability2
Most common reasons in denials
- Service records negative or silent12
- VA examiner: less likely than not related to service10
- Preponderance of the evidence against the claim9
- No in-service complaints, treatment or diagnosis8
- No current diagnosis8
- No continuity of symptomatology3
- Current diagnosis established3
- 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
Prior denials based on erroneous interpretation of VA examination; Misreading of favorable examination report constituted CUE; Established diagnosis, in-service incurrence, and nexus
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
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
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
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
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
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 (2019–2023) and can contain errors. It is updated automatically as new decisions are added.