The Veteran's neurocognitive disorder with unspecified anxiety disorder is rated at 70 percent, effective March 11, 2017. The rating for tension headaches prior to December 5, 2020 remains denied. A 50% rating is granted for migraine headaches from December 5, 2020. The residuals of closed head injury with occipital fracture are rated at 40 percent, effective October 23, 2008 to March 11, 2017. The post-concussive syndrome with anxiety and depression associated with peripheral vestibular disorder is rated at 30 percent, effective August 11, 2004 to March 11, 2017. The peripheral vestibular disorder is rated at 10 percent from December 5, 2020.
The deciding factor: The Veteran's neurocognitive disorder with unspecified anxiety disorder was found to have symptoms on a par with more severe disability, such as gross impairment in thought process, delusions, and hallucinations. The tension headaches did not manifest as characteristic prostrating attacks that occurred, on average, once in 2 months over the last several months. From December 5, 2020, the Veteran's migraine headaches have been manifested by very frequent completely prostrating and prolonged migraine headache attacks productive of severe economic inadaptability.
- Claimed conditions
- Mild neurocognitive disorder with unspecified anxiety disorder, Post-concussive syndrome with anxiety and depression associated with peripheral vestibular disorder with residuals of traumatic brain injury, Peripheral vestibular disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 19, 2021
- Citation
- 21030798
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 21030798.
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: Granted
The Veteran's request for HLR was timely filed, and the appeal is granted. The VA continued the 10 percent and 50 percent evaluations for his TBI and headaches disabilities.
- Whole decision: Remanded (sent back)
The Veteran's application for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate notice and a pre-decisional duty to assist error. The case is now being reviewed with new evidence considered.
- Whole decision: Partly granted
The Board denied a rating in excess of 30 percent for peripheral vestibular disorder and denied service connection for GERD, while granting service connection for patellofemoral pain syndrome in both the left and right knees.
- Whole decision: Remanded (sent back)
The Board remands the matters for further development, including obtaining additional VA medical opinions to address the severity of the Veteran's service-connected conditions and entitlement to earlier effective dates.
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