The Board denied the Veteran's claims of service connection for HIV and an earlier effective date for PTSD. The Board found that new evidence did not warrant reopening the claim for HIV, and determined that there was no clear and unmistakable error in assigning the October 15, 2015 effective date for PTSD.
The deciding factor: The Board concluded that the correct facts were before the adjudicator at the time of the July 2017 rating decision and that no clear and unmistakable error occurred in awarding an earlier effective date for PTSD.
- Claimed conditions
- Human Immunodeficiency Virus (HIV), Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- A19002243
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.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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