Original research
The Theory Gap: How Grant Rates Vary by Legal Theory
The legal theory a claim is argued on, direct, secondary, presumptive, or aggravation, tracks with how often the Board of Veterans' Appeals grants it. Across 2,260,458 decided issues in the published record, secondary service connection was granted at 41.5%, above direct service connection at 37%.
How this research is built: every Board of Veterans' Appeals decision published by VA is public, and anyone can read one at a time. RateMyVSO downloads and analyzes the complete published record, classifying the legal theory argued in each claim, direct, secondary, presumptive, or aggravation, and tracking how often each theory is granted. The result is one of the largest structured research datasets built from the published Board record. It updates automatically every week as new decisions publish.
Grant rate by way of establishing service connection
There is more than one way to link a condition to service. A claim can be direct (the condition began in service), secondary (it was caused or worsened by an already service-connected condition), presumptive (the law presumes a link from a qualifying exposure), or by aggravation (service made a pre-existing condition worse). Here is how often the Board granted each, among issues it decided on the merits:
Conditions most often granted on a secondary theory
Among claims argued as secondary service connection, these fifteen conditions had the highest Board grant rate (of at least 500 decided issues each). Several are classic downstream conditions, sleep apnea, migraines, and depression tied to another service-connected disability:
| Condition | Decided as secondary | Grant rate |
|---|---|---|
| Tinnitus, recurrent DC 6260 | 1,530 | 68.7% |
| Unspecified depressive disorder DC 9435 | 571 | 67.6% |
| Sleep Apnea Syndromes DC 6847 | 12,763 | 61.1% |
| Migraine DC 8100 | 4,234 | 57.9% |
| Scars, other; and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, or 7804 DC 7805 | 667 | 56.2% |
| Paralysis of sciatic nerve DC 8520 | 11,073 | 53.6% |
| Posttraumatic stress disorder DC 9411 | 1,631 | 51.9% |
| Erectile dysfunction, with or without penile deformity DC 7522 | 4,776 | 51.1% |
| Gastroesophageal reflux disease DC 7206 | 2,158 | 49.1% |
| Other specified anxiety disorder DC 9410 | 619 | 48% |
| Major depressive disorder DC 9434 | 4,461 | 47.9% |
| Diabetes mellitus DC 7913 | 2,376 | 39.4% |
| Irritable bowel syndrome DC 7319 | 954 | 39.1% |
| Paralysis of median nerve DC 8515 | 2,262 | 38.5% |
| Peripheral vestibular disorders DC 6204 | 894 | 38.4% |
Other claim types, for context
These are a different question, not how to connect a condition to service, but a rating increase, unemployability, an earlier effective date, or correcting a past error. They sit on their own axis and are shown here only for context:
Methodology
This report aggregates published decisions of the Board of Veterans' Appeals at the issue level. Each decided issue carries the legal theory the Board addressed (direct, secondary, presumptive, aggravation, increased rating, unemployability, effective date, or clear and unmistakable error). Grant rate is granted divided by granted-plus-denied; remanded and dismissed issues are excluded from the rate. The secondary-conditions table is limited to codes with at least 500 decided secondary issues. Data as of August 2026; the underlying figures refresh weekly.
Cite this research
RateMyVSO. (August 2026). The Theory Gap: Grant Rates by Legal Theory Across 2,260,458 Board of Veterans' Appeals Issues. https://ratemyvso.net/dc/theory-report
Free to cite and link with attribution. Figures derived from published Board of Veterans' Appeals decisions.
Educational and encyclopedic only, not legal advice, and not a prediction of any individual claim. Figures describe patterns in published Board decisions. For help with a claim, find a VA-accredited representative.