During the Confederate retreat back to Virginia, Brockenbrough attempted to reclaim some of his damaged reputation by making a reckless advance against Union troops at Falling Waters on July 14, suffering numerous casualties. Five days later, Brockenbrough's former regimental lieutenant colonel, Brig. Gen. Henry Harrison Walker, was given command of the brigade, returning Brockenbrough to the 40th Virginia, which he led at Bristoe and Mine Run. On January 21, 1864, Brockenbrough resigned from the Confederate States Army. He retained his rank of colonel in the reserves until late 1864.