The Board found that the evidence does not support a finding of service connection for HIV, as there is no credible evidence linking the condition to service. The veteran's allegations were deemed unreliable and inconsistent with other medical records.
The deciding factor: The VA examiner's opinion was based on unsubstantiated history provided by the veteran, which was inconsistent with the other evidence of record.
- Claimed conditions
- Human Immunodeficiency Virus (HIV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 23, 2008
- Citation
- 0802389
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 0802389.
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 has denied service connection for treatment purposes only for PTSD and remanded the claim of service connection for treatment purposes only for HIV.
- Whole decision: Granted
The Veteran is found to be eligible for enrollment in the PCAFC program due to his severe and complex medical conditions, which require personal care services.
- Whole decision: Granted
The Board has determined that the Veteran contracted HIV during his active duty service and grants entitlement to service connection for this condition.
- Whole decision: Denied
The Board has denied service connection for HIV and rhabdomyolysis due to lack of evidence linking these conditions to the Veteran's active duty from April 1987 to August 1987. The Board found no current chronic disability, no in-service event, injury, or disease, and no link between a current disability and service.
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