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Updated Apr 29, 2022

 

In This Section

 
This section contains the topic, “Awards for Graduated TB.”

 

1.  Awards for Graduated TB

 
 
 

Introduction

 
This topic contains information on awards for graduated TB, including

Change Date

 
May 17, 2018

VIII.iii.2.B.1.a.  Repeal of Graduated Ratings for Inactive TB

 
Public Law 90-493 repealed sections 38 U.S.C. 314(q) and 38 U.S.C. 356 that provided graduated ratings for inactive tuberculosis (TB). 
 
Important:  The repealed sections still apply to any Veteran who was receiving, or was entitled to receive, disability compensation for TB on August 19, 1968, under 38 CFR 3.959.

VIII.iii.2.B.1.b.  Definition:  Graduated Rating

 
A graduated rating is a gradual reduction in a disability evaluation for a disease that has moved from the active to the inactive stage.

VIII.iii.2.B.1.c.  Handling Rating Decisions Involving a Reduced Disability Evaluation for Inactive TB

 
If a rating decision reduces a Veteran’s disability evaluation for service-connected TB because it is inactive,
  • prepare an amended award to input the
    • two-year, 100-percent evaluation, and
    • graduated or residual disability evaluations assigned for the future
  • use the first day of the current month for the first entry of current award data, and
  • inform the Veteran of the award action and that the 100-percent disability evaluation may be reduced effective an earlier date if the Veteran fails to
    • report for an examination scheduled by the Department of Veterans Affairs (VA), and/or
    • follow the prescribed treatment.

VIII.iii.2.B.1.d.  Action to Take When the Graduation Reaches 0 Percent

 
The monthly rate of disability compensation payable for TB drops to $67 (or to the peacetime-era rate of $54, if prior to July 1, 1973) on the effective date of graduation to the 0-percent disability evaluation.  Use special monthly compensation code 36 in the rating decision.
 
If other noncompensable disabilities exist, notify the Veteran that when the disability evaluation drops to 0 percent, the Veteran may submit evidence from a private physician to show that the TB warrants a compensable disability evaluation.
 
Rationale:  VA cannot award compensation in lieu of the protected amount unless the disabilities combine to provide an evaluation of at least 10 percent.

VIII.iii.2.B.1.e.  Notifying VA Outpatient Clinics of Decisions Involving SC TB

 
If a Veteran is awarded the
  • two-year, 100-percent disability evaluation for inactive TB, notify the Chief, Medical Administration Services, or equivalent, of the outpatient clinic responsible for the Veteran’s follow-up care, or 
  • one-year, 100-percent disability evaluation for inactive TB,
    • send the outpatient clinic responsible for the Veteran’s follow-up care a copy of the rating decision in which VA initially granted service connection for TB, and
    • do not send any other notice to the Chief, Medical Administration Services, of the outpatient clinic responsible for the Veteran’s follow-up care. 
Reference:  For more information on TB, see M21-1, Part V, Subpart iii, 4.B.