The Board has determined that the veteran was infected with HIV as a result of his sexual assault during active service, and therefore grants service connection for HIV.
The deciding factor: There are two equally valid medical opinions regarding the etiology of the veteran's HIV infection. One opinion states it is probable the veteran contracted his infection at the time of the sexual assault in service, while the other concludes it is highly unlikely the assault caused the infection. The Board finds an approximate balance of positive and negative evidence.
- Claimed conditions
- Human Immunodeficiency Virus (HIV)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2001
- Citation
- 0126344
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 0126344.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection for HIV, secondary to his PTSD with anxiety disorder and major depressive disorder, was granted. Additionally, an increased rating of 100 percent for PTSD was granted from February 17, 2021.
- Remanded (sent back)
The Board remands the claims for service connection for major depressive disorder, generalized anxiety disorder, posttraumatic stress disorder due to military sexual trauma, and human immunodeficiency virus as there are pre-decisional duty to assist errors that need correction.
- Partly granted
The Board granted service connection for lichen sclerosis of the penis and denied an effective date prior to September 22, 2021, for the award of service connection for HIV as well as an initial rating in excess of 10 percent for HIV.
- Granted
The Board granted an initial 10 percent rating for HIV, effective from April 26, 2022.
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