The appeal is remanded for additional development, including obtaining medical records and a VA examination to determine the etiology of the Veteran's HIV.
The deciding factor: The case was remanded due to the need for further evidence regarding the onset of the Veteran's HIV during service.
- Claimed conditions
- human immunodeficiency virus (HIV), tuberculosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904801
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.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and right middle finger strain with degenerative arthritis. The claim for tuberculosis was denied.
- Denied
The Board denied service connection for prostatitis, HIV, CHF, GERD, herpes, a pulmonary disability, headaches, and type 2 diabetes mellitus as the evidence did not support a finding of a current disability or a nexus to service or a service-connected disability.
- Remanded (sent back)
The Board remands the claim for service connection for tuberculosis to afford the Veteran a VA examination and obtain a medical opinion on the nature and etiology of any current lung condition, including tuberculosis.
- Denied
The Board denied service connection for tuberculosis as the evidence did not support a finding that the Veteran has active tuberculosis related to service.
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.