The Veteran's TBI residuals did not result in neurological disabilities or multi-infarct dementia, and his greatest impairment was from subjective symptoms which were assigned a facet level score of '2' in the Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified table. The criteria for an evaluation in excess of 40 percent have not been met.
The deciding factor: The Veteran's cognitive impairment, as assessed by his subjective symptoms, did not meet the required levels to warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Head Injury, Post-Concussion Syndrome, Anxiety Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 29, 2016
- Citation
- 1638966
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. Search VA.gov for the original decision (opens in a new tab) using citation 1638966.
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: Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Whole decision: Denied
The Board denied eligibility to attorney fees based on past-due benefits awarded in a March 2024 rating decision because the March 2024 rating decision was an initial decision granting service connection for anxiety disorder.
- Whole decision: Granted
The Veteran's TDIU claim is granted, and service connection for IBS as secondary to anxiety disorder is granted. Service connection for non-Hodgkin lymphoma is denied due to lack of presumptive basis. Service connection for CHF with bradycardia and pacemaker as secondary to hypertension is granted.
- Whole decision: Denied
The Veteran's service-connected major depression and anxiety disorder are considered part of his service-connected peripheral neuropathy, which already qualifies him for SMC(l). Therefore, he is not eligible for a higher rate of SMC.
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