Citation Nr: 21013273 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 14-15 263 DATE: March 9, 2021 ORDER Service connection for human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS) as secondary to the service-connected psychiatric disorder is granted. FINDING OF FACT The Veteran’s HIV/AIDS is proximately due to his service-connected psychiatric disorder. CONCLUSION OF LAW The criteria for service connection for HIV/AIDS as secondary to the service-connected psychiatric disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1974 to November 1979. In a February 2018 decision, the Board, in part, remanded the claim on appeal for further development. In May 2019, the Board remanded the claim for compliance with the prior remand. Service Connection—HIV/AIDS Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection also may be granted for disability that is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310(a). The Veteran asserts that he contracted HIV due to his service-connected psychiatric disorder. Specifically, he asserts that this service-connected disability, which is due to in service sexual trauma, led him to engage in high-risk sexual behavior, which in turn led to the HIV infection. Initially, the Board notes that service connection is in effect for a depressive disorder. However, a January 2017 VA examiner diagnosed the Veteran with PTSD and indicated that that diagnosis is a correction of the previously diagnosed depressive disorder. The examiner noted that the markers of the Veteran’s military sexual assault include his early dismissal from service and HIV positive diagnosis. While the service-connected psychiatric disability remains a depressive disorder, the Board would be remiss if it did not consider the above findings and conclusions, especially as the grant of service connection for the Veteran’s psychiatric disorder was based on the same in-service sexual assault at issue here. At a July 2018 VA examination, the Veteran reported a history of being diagnosed with HIV/AIDS in 1980. The examiner confirmed the diagnosis of HIV/AIDS. In a separate medical opinion, the examiner noted the Veteran’s history of sexual assault by fellow servicemen but questioned the veracity of the diagnosis in 1980 as the condition was not commonly diagnosed at that time and as laboratory studies to support the diagnosis were also not readily available. The examiner concluded that the Veteran’s HIV/AIDS was not incurred in service or caused by the assault. In a September 2019 letter, a VA psychologist concluded that the Veteran’s military sexual trauma led to risky sexual behavior, which placed him at increased risk for sexually transmitted diseases. At a July 2019 VA examination, the Veteran reported a history of being diagnosed with HIV/AIDS in 1991. In a separate medical opinion, the examiner concluded that the Veteran’s HIV/AIDS is not due to or a result of his depressive disorder as his HIV predates his depression. As discussed above, a VA examiner concluded that the Veteran’s HIV/AIDS is not related to his in-service sexual assault, and another VA examiner concluded that the Veteran’s HIV/AIDS is not due to his service-connected depressive disorder. However, a VA psychologist concluded that the Veteran’s HIV/AIDS is due to his military sexual trauma, which another VA examiner concluded was supported by the evidence of record and related to the diagnosis of PTSD. Resolving reasonable doubt in the Veteran’s favor, the Board finds that his HIV/AIDS is at least as likely as not related to his in-service sexual trauma, which manifested in high-risk sexual behavior as part of his PTSD, which a VA examiner concluded is the correct current diagnosis. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Thus, the Board finds that the Veteran’s HIV/AIDS is proximately due to his service-connected psychiatric disorder, which has most recently been recharacterized as PTSD. Accordingly, the Board concludes that service connection for HIV/AIDS as secondary to this service-connected disability is warranted. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. W. Kim, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.