Veterans Law Judge

Judge Thomas H. O'Shay: BVA decisions and outcomes

From 2017 to 2026, Veterans Law Judge Thomas H. O'Shay signed 8,564 Board decisions covering 17,542 condition issues. The judge granted 14.2% of those issues, denied 45.8% and remanded 37.0%. For the same mix of conditions, the rest of the Board granted 20.1% and remanded 46.6%, so this judge's grant rate is below the Board's and the remand rate is below it.

Decisions

8,564

2017–2026

Issues decided

17,542

One issue per condition per decision

Issues granted

14.2%

Board, same conditions: 20.1%

Issues remanded

37.0%

Board, same conditions: 46.6%

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 impairment1,39111.3%17.3%39.3%51.2%
Hearing loss94319.5%19.5%24.2%34.7%
Posttraumatic stress disorder (PTSD)83621.3%29.0%31.2%38.2%
Tinnitus69935.2%39.6%18.6%22.8%
Degenerative arthritis of the spine (spondylosis)60211.1%20.7%34.6%46.2%
Sleep apnea syndromes (obstructive central mixed)57116.5%26.3%41.7%50.4%
Hypertension54012.4%17.2%36.3%48.9%
Intervertebral disc syndrome46316.0%18.7%32.6%48.2%
Shoulder impairment41210.2%14.4%42.2%53.1%
Migraine40224.6%30.2%31.3%42.3%
Hip impairment3648.2%14.4%41.2%53.9%
Peripheral nerve disorders34610.7%20.6%44.2%51.8%
Ankle impairment33316.5%16.9%36.3%50.6%
Diabetes mellitus3159.2%20.1%35.9%40.1%
Cervical spine limitation of motion22812.3%13.2%46.9%58.5%

Judge Thomas H. O'Shay's decisions by year

YearDecisionsGrantedDeniedRemanded
2017
904
15.2%46.1%61.1%
2018
1,128
24.7%49.3%54.2%
2019
1,026
25.3%61.3%41.0%
2020
1,010
26.7%61.7%35.3%
2021
768
23.7%51.3%42.3%
2022
857
28.5%48.5%45.3%
2023
785
27.0%51.5%39.7%
2024
669
31.8%53.7%30.8%
2025
1,024
22.5%55.8%35.6%
2026
393
33.3%55.5%24.4%

Why the Board granted or denied issues in Judge Thomas H. O'Shay's decisions

Most common reasons in grants

  1. Current diagnosis established113
  2. Continuity of symptomatology since service65
  3. Service connection established40
  4. In-service noise exposure conceded36
  5. Caused by the service-connected disability32
  6. Service records negative or silent22
  7. Criteria for service connection met20
  8. VA examiner: less likely than not related to service14

Most common reasons in denials

  1. VA examiner: less likely than not related to service425
  2. No in-service complaints, treatment or diagnosis380
  3. Service records negative or silent350
  4. Preponderance of the evidence against the claim288
  5. No current diagnosis213
  6. Current diagnosis established77
  7. Already at the maximum schedular rating53
  8. No continuity of symptomatology47

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 Thomas H. O'Shay decisions

Granted

Citation Nr. A26039884Thomas H. O'Shay · 2026

Service-connected PTSD established.; Mixed medical opinions on nexus between PTSD and substance abuse disorder.; Opinions were somewhat probative but conclusory.; Weight of opinions against secondary causation in approximate balance with opinion for secondary causation.; Benefit of the doubt afforded to Veteran.

Citation Nr. A26039939Thomas H. O'Shay · 2026

Conflicting medical opinions regarding nexus to service; Private opinion found PFAS exposure more likely than not related to tremor; VA opinions found no known association between PFAS and essential tremor; Service treatment records were silent

Citation Nr. A26040009Thomas H. O'Shay · 2026

Intent to file received December 14, 2022; Credible report of symptoms beginning in 2022; Reasonable doubt resolved in Veteran's favor

Denied

Citation Nr. A26040632Thomas H. O'Shay · 2026

Evidence indicates only mild incomplete paralysis; Absence of non-sensory symptoms (atrophy, significant motor/reflex impairment); Symptoms did not represent most significant cases of sensory impairment

Citation Nr. 26005123Thomas H. O'Shay · 2026

Medical evidence did not show obstruction >50% or complete obstruction on one side prior to May 3, 2023.; March 2026 VA examiner stated earlier progression would be speculative without further documentation.; Veteran's lay statements of increased symptoms were less probative than medical findings.

Citation Nr. A26039985Thomas H. O'Shay · 2026

Symptoms align with 30%, 50%, and 70% ratings.; No symptoms listed or similar to 100% rating criteria.; No gross impairment in thought processes, communication, or ADLs.; Social relationships persist, indicating not total social impairment.

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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.