The Veteran's HIV and bilateral upper and lower extremity peripheral neuropathies are denied as they do not meet the criteria for service connection due to a dishonorable discharge from active duty. The sinus disability claim is also denied.,Service connection for carpal tunnel syndrome, right; left, PTSD, and head trauma secondary to PTSD are remanded for further development.
The deciding factor: The Veteran's HIV began during his period of Other Than Honorable service (November 11, 1995 - January 23, 1998), which is barred for consideration. The sinus disability claim lacks a current diagnosis related to the honorable first period of service.,Service connection for carpal tunnel syndrome, right; left, PTSD, and head trauma secondary to PTSD are remanded as further development is needed to establish a link between these conditions and the Veteran's honorable first period of service.
- Claimed conditions
- Human Immunodeficiency Virus (HIV), Sinus disability, Carpal tunnel syndrome, right, Carpal tunnel syndrome, left, Left upper extremity peripheral neuropathy (claimed as polyneuropathy), Right upper extremity peripheral neuropathy (claimed as polyneuropathy), Left lower extremity peripheral neuropathy (claimed as polyneuropathy), Right lower extremity peripheral neuropathy (claimed as polyneuropathy), Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2023
- Citation
- 23012148
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 23012148.
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- 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.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
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