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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0733880.
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: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran withdrew his appeal for service connection for HIV with peripheral neuropathy, and the Board dismissed this issue as a result.
- Whole decision: Granted
The Veteran's PTSD is granted as service-connected, and the HIV infection case is remanded for further review.
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