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 assigned
- 10%
- Decision date
- April 25, 2008
- Citation
- 0813709
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 the veteran's claims for earlier effective dates and service connection, with some issues being remanded.
- 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.
- Granted
The veteran's HIV-related illness is etiologically related to service.
- Denied
The veteran's claim for an increased evaluation of her HIV-related illness with candida esophagitis was denied because she failed to report for a necessary VA examination, resulting in the decision being made without her evidence.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.