The Veteran's appeal is being returned to the RO for consideration of new evidence, including a medical opinion regarding his HIV diagnosis during National Guard service. The claim will be reconsidered and a decision on whether he should be granted service connection for HIV will be made.
The deciding factor: The last medical opinion obtained did not consider the Veteran's status as an inactive duty member of the National Guard, which is relevant to determining if his HIV was incurred or aggravated during active duty training.
- Claimed conditions
- Human Immunodeficiency Virus (HIV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2016
- Citation
- 1614476
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 1614476.
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.
- Denied
The Board has denied service connection for treatment purposes only for PTSD and remanded the claim of service connection for treatment purposes only for HIV.
- Granted
The Veteran is found to be eligible for enrollment in the PCAFC program due to his severe and complex medical conditions, which require personal care services.
- Granted
The Board has determined that the Veteran contracted HIV during his active duty service and grants entitlement to service connection for this condition.
- Denied
The Board has denied service connection for HIV and rhabdomyolysis due to lack of evidence linking these conditions to the Veteran's active duty from April 1987 to August 1987. The Board found no current chronic disability, no in-service event, injury, or disease, and no link between a current disability and service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.