The veteran's HIV-related illness is manifested by development of definite medical symptoms, T4 cell ranging from 363 to 660, and on approved medications; there is an absence of recurrent constitutional symptoms and intermittent diarrhea, Hairy Cell Leukoplakia, or Oral Candidiasis. The criteria for entitlement to a disability rating in excess of 10 percent for HIV-related illness have not been met.
The deciding factor: The veteran's condition did not meet the criteria for a higher rating as there were no recurrent constitutional symptoms, intermittent diarrhea, Hairy Cell Leukoplakia, or Oral Candidiasis present. The T4 cell count was within the range that supports a 10 percent rating but not enough to warrant a higher rating.
- Claimed conditions
- HIV-related illness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 25, 2008
- Citation
- 0813709
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813709.
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: Granted
The Board has granted service connection for a psychiatric disorder due to military sexual trauma (MST) and remanded the claims for HIV-related illness, hypertension, left knee replacement, and sleep apnea.
- Whole decision: Denied
The Board denied the veteran's claims for earlier effective dates and service connection, with some issues being remanded.
- Whole decision: Denied
The Board denied a rating higher than 70 percent for major depressive disorder with anxious distress and a rating higher than 30 percent for HIV-related illness based on the evidence of record.
- Whole decision: Remanded (sent back)
The Board remanded the claim for service connection of sleep apnea as secondary to HIV-related illness due to inadequate medical opinions. The Veteran will receive a new examination.
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