The Veteran's mild neurocognitive disorder was caused by hypoxia from his open-heart surgery at the VA medical treatment facility, but it was not due to any fault on the part of the VA personnel. The Board denied compensation under 38 U.S.C. § 1151.
The deciding factor: The Veteran's mild neurocognitive disorder resulted from hypoxia caused by his heart surgery, which was a direct result of medical care provided by VA. However, the VA examiner found no evidence of negligence or fault on the part of the VA personnel.
- Claimed conditions
- mild neurocognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2019
- Citation
- 19166483
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19166483.
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: Partly granted
The Board granted a 70 percent evaluation for the Veteran's service-connected mild neurocognitive disorder, generalized anxiety disorder, persistent depressive disorder, somatic symptoms disorder with predominant pain, and TBI but remanded other issues.
- Whole decision: Granted
The Board granted an effective date of December 20, 2022, for the award of service connection for a psychiatric disorder.
- Whole decision: Dismissed
The appeal for service connection for a mild neurocognitive disorder is dismissed because the Veteran has been granted this benefit.
- Whole decision: Denied
The Veteran's initial compensable rating for idiopathic hypersomnia is denied.,An initial compensable rating of 10 percent, but no higher, for mild neurocognitive disorder is granted.
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