The Veteran's HIV was rated at 30% prior to June 14, 2014 and at 60% from that date. The Board denied a higher rating for the condition during this period. For the entire appeal period up until July 20, 2015, the Veteran was granted TDIU due to his service-connected disabilities precluding him from securing or following substantially gainful employment.
The deciding factor: The evidence did not meet the criteria for a higher rating under Diagnostic Code 6351 (HIV) and the Board found that the Veteran's HIV symptoms were consistent with the level of severity assigned at 60% prior to June 14, 2014. The claim for TDIU was granted as his service-connected disabilities precluded him from securing or following substantially gainful employment.
- Claimed conditions
- Human Immunodeficiency Virus (HIV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 2, 2019
- Citation
- 19176280
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.
- Granted
The Veteran's service connection for HIV, secondary to his PTSD with anxiety disorder and major depressive disorder, was granted. Additionally, an increased rating of 100 percent for PTSD was granted from February 17, 2021.
- Partly granted
The Board granted service connection for lichen sclerosis of the penis and denied an effective date prior to September 22, 2021, for the award of service connection for HIV as well as an initial rating in excess of 10 percent for HIV.
- Granted
The Board granted an initial 10 percent rating for HIV, effective from April 26, 2022.
- Denied
The Board denied entitlement to service connection for the Veteran's cause of death, as there was no evidence linking the Veteran's HIV to his military service.
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