The Veteran's HIV-related illness was granted a 60 percent rating prior to June 29, 2009. The issue of an initial rating in excess of 30 percent for depression with anxiety remains on appeal.
The deciding factor: The evidence showed that the Veteran experienced increasing chronic fatigue, body aches, headaches, nausea, dizziness, recurrent diarrhea and blurred vision, in addition to chronic oral candidiasis or thrush. The symptoms met the criteria for a 60 percent evaluation under the rating criteria for HIV-related illness.
- Claimed conditions
- HIV-related illness, depression with anxiety
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 29, 2010
- Citation
- 1004435
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 1004435.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include depression with anxiety and obstructive sleep apnea (OSA), based on new evidence submitted within the appeal period.
- Dismissed
The appeal for service connection for an acquired psychiatric disability, to include post-traumatic stress disorder (PTSD), was dismissed as it was duplicative of a separate appeal.
- 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.
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.