The Board has restored service connection for a cognitive disorder, finding that the severance of service connection was improper due to insufficient evidence certifying the previous diagnosis as 'clearly erroneous'.
The deciding factor: The March 2009 VA examiner did not certify the previous diagnosis of a cognitive disorder as clearly erroneous.
- Claimed conditions
- cognitive disorder, memory problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 6, 2012
- Citation
- 1204386
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1204386.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
- Whole decision: Granted
The Veteran's TBI residuals, including depressive disorder, cognitive impairment, chronic sinusitis, migraines, vertigo, anosmia, hypogeusia, and trigeminal nerve neuralgia, require aid and attendance. The Veteran is not eligible for compensation under 38 U.S.C. § 1114(r)(2). Without regular aid and attendance, the Veteran would need residential institutional care due to safety concerns.
- Whole decision: Dismissed
The Veteran withdrew his appeal, requesting higher-level review of the February 2025 rating decision. The Board dismissed the appeal as a result.
- Whole decision: Partly granted
The Veteran's claim for service connection for headaches was granted, while claims for peripheral neuropathy of the right and left upper extremities were denied. Other claims were remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.