The Board found that the veteran's HIV infection results in some fatigue, nausea, and diarrhea but does not meet the criteria for a diagnosis of AIDS or significant opportunistic infections. Therefore, he is denied an increased rating beyond 60 percent.
The deciding factor: The veteran's HIV infection did not result in sustained progressive loss of weight, frequent opportunistic infections or neoplasms, or a diagnosis of AIDS, which are required for a higher disability rating under the applicable VA rating criteria.
- Claimed conditions
- HIV infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 26, 2007
- Citation
- 0733880
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 0733880.
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 Board denied service connection for various conditions, including HIV infection, bilateral hearing loss, traumatic brain injury (TBI), sight impairment, and post-traumatic stress disorder (PTSD) with unspecified depressive disorder.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 for HIV infection by VAMC was denied, and the Board found that there is no evidence to support a finding of fault on VA's part in causing his HIV infection. The issue of service connection for residuals of HIV infection has been remanded due to duty-to-assist errors.
- Dismissed
The Veteran withdrew his appeal for service connection for HIV with peripheral neuropathy, and the Board dismissed this issue as a result.
- Granted
The Veteran's PTSD is granted as service-connected, and the HIV infection case is remanded for further review.
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