The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The veteran's claim remains pending.
The deciding factor: The decision is based on the need to obtain more recent medical records and conduct an appropriate VA examination to determine the severity of the HIV disease.
- Claimed conditions
- HIV disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2008
- Citation
- 0808380
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 0808380.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's petition to reopen the claim for service connection for a ruptured disc was granted.,The Veteran's petition to reopen the claim for service connection for a pinched nerve (back disorder) was granted.
- Denied
The Veteran's service-connected HIV disease and hepatitis B do not prevent him from securing or following substantially gainful employment.
- Denied
The Veteran's death was not caused by a service-connected disability, and he did not have total disability permanent in nature resulting from a service-connected disability at the time of his death. The claim for Dependents’ Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code is also denied.
- Remanded (sent back)
The Board has remanded the case for additional development and due process concerns, including obtaining treatment records from Dr. Donald H. Kearns and the veteran's VA treatment facility.
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