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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1638966.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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.
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.