Veterans Law Judge

Judge S. L. Kennedy: BVA decisions and outcomes

From 2017 to 2022, Veterans Law Judge S. L. Kennedy signed 4,560 Board decisions covering 8,718 condition issues. The judge granted 15.3% of those issues, denied 30.0% and remanded 50.8%. 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 above it.

Decisions

4,560

2017–2022

Issues decided

8,718

One issue per condition per decision

Issues granted

15.3%

Board, same conditions: 19.5%

Issues remanded

50.8%

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.

ConditionIssuesGrantedBoard grantedRemandedBoard remanded
Knee impairment69013.5%17.3%55.2%51.1%
Hearing loss49216.9%19.5%39.4%34.6%
Posttraumatic stress disorder (PTSD)47828.7%28.9%37.7%38.1%
Degenerative arthritis of the spine (spondylosis)38117.6%20.7%47.8%46.0%
Tinnitus29240.8%39.6%25.7%22.7%
Hypertension2516.4%17.2%51.4%48.7%
Sleep apnea syndromes (obstructive central mixed)24619.5%26.3%53.7%50.3%
Intervertebral disc syndrome23914.6%18.7%47.3%48.0%
Shoulder impairment1988.6%14.3%61.1%53.0%
Peripheral nerve disorders1857.0%20.6%56.2%51.7%
Migraine18425.5%30.2%47.3%42.2%
Hip impairment14612.3%14.3%54.1%53.8%
Diabetes mellitus14211.3%20.0%40.1%40.1%
Major depressive disorder13930.9%34.6%32.4%34.2%
Ankle impairment13419.4%16.8%53.0%50.4%

Judge S. L. Kennedy's decisions by year

YearDecisionsGrantedDeniedRemanded
2017
808
19.1%41.1%57.2%
2018
982
24.4%39.2%60.4%
2019
897
27.8%40.7%56.4%
2020
1,016
27.9%44.9%52.6%
2021
855
29.1%39.6%48.3%

Why the Board granted or denied issues in Judge S. L. Kennedy's decisions

Most common reasons in grants

  1. Current diagnosis established83
  2. Continuity of symptomatology since service33
  3. Service connection established31
  4. In-service noise exposure conceded26
  5. Caused by the service-connected disability23
  6. Criteria for service connection met7
  7. Symptoms approximated criteria for 70% rating7
  8. Preponderance of the evidence against the claim7

Most common reasons in denials

  1. Preponderance of the evidence against the claim298
  2. VA examiner: less likely than not related to service118
  3. No current diagnosis101
  4. Service records negative or silent97
  5. No in-service complaints, treatment or diagnosis84
  6. No continuity of symptomatology53
  7. Current diagnosis established33
  8. Continuity of symptomatology since service24

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 S. L. Kennedy decisions

Granted

Citation Nr. 22000244S. L. Kennedy · 2022

Holistic analysis of all associated symptoms considered; Symptoms caused total occupational and social impairment; Benefit of the doubt applied for grant of 100% rating

Citation Nr. 21077339S. L. Kennedy · 2021

Moderate instability warranted 20 percent rating under DC 5257.; Veteran used assistive devices and experienced stumbling/falling.; Doubt resolved in veteran's favor for instability.

Citation Nr. A21020648S. L. Kennedy · 2021

Continuity of symptomatology since service; Credible lay testimony regarding hearing loss; Resolving doubt in veteran's favor

Denied

Citation Nr. 21077339S. L. Kennedy · 2021

Prior to July 20, 2021, flexion was limited to 90 degrees, not compensable.; Pain on motion contributed to functional loss but did not result in compensable limitation of motion.; No ankylosis or other conditions warranted higher rating.

Citation Nr. 21077393S. L. Kennedy · 2021

No current disability under VA standards; Service treatment records negative for complaints/treatment/diagnosis; VA examiner opined less likely than not service-related

Citation Nr. 21076831S. L. Kennedy · 2021

No nexus found between hypertension and herbicide exposure.; Hypertension found less likely than not related to service-connected diabetes or CAD.; Private physician's opinion was conclusory and lacked a clear rationale.

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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 (2017–2022) and can contain errors. It is updated automatically as new decisions are added.