The Veteran has withdrawn his appeals for increased ratings for HIV related illness and a total disability rating based upon individual unemployability due to service-connected disability (TDIU). The Board finds that the withdrawal constitutes a valid dismissal of these claims.
The deciding factor: The Veteran withdrew his appeal in writing, indicating satisfaction with the decisions made by VA concerning the appeals.
- Claimed conditions
- Human Immunodeficiency Virus (HIV) related illness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23068033
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 23068033.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the onset and relationship of HIV related illness to service. The Veteran needs a VA examination to determine if his condition had its origin during active duty or is linked to any in-service event, injury, or disease.
- Denied
The Veteran's claim for service connection and compensation under 38 U.S.C. § 1151 for HIV related illness was denied as there is no reliable evidence linking the Veteran’s HIV to his active service.
- Denied
The Board found that the appellant's HIV-related illness was not manifest during service and did not find a causal relationship to service. As such, the claim for service connection is denied.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a VA examination. The focus of the remand includes confirming ACDUTRA training in June and July 1991 relevant to HIV exposure, obtaining records from Army Reserve agencies, and scheduling a VA examination.
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.