What this means
m21-1:VIII.iii.2.B explains awards for graduated tuberculosis (tb). In plain terms, the official guidance says public Law 90-493 repealed sections 38 U.S.C. 314(q) and 38 U.S.C. 356 that provided graduated ratings for inactive tuberculosis (TB). It also addresses a graduated rating is a gradual reduction in a disability evaluation for a disease that has moved from the active to the inactive stage.
How this may help with a claim
Use m21-1:VIII.iii.2.B as an internal VA audit trail for awards for graduated tuberculosis (tb), not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: Public Law 90-493 repealed sections 38 U.S.C. 314(q) and 38 U.S.C. 356 that provided graduated ratings for inactive tuberculosis (TB). A graduated rating is a gradual reduction in a disability evaluation for a disease that has moved from the active to the inactive stage. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: action to take when the graduation reaches 0 percent, and
- Confirm that the record or notice addresses this source point: If a rating decision reduces a Veteran’s disability evaluation for service-connected TB because it is inactive,
- Document how this stated step or exception applies: 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
Important limits
m21-1:VIII.iii.2.B is primarily internal workflow guidance about awards for graduated tuberculosis (tb). It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: Public Law 90-493 repealed sections 38 U.S.C. 314(q) and 38 U.S.C. 356 that provided graduated ratings for inactive tuberculosis (TB). 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.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Awards for Graduated Tuberculosis (TB)
- m21-1:VIII.iii.2.B
- Awards Graduated Tuberculosis
- Awards Graduated
- repeal graduated ratings inactive
- definition graduated rating
- handling rating decisions involving
- action take when graduation
Original VA guidance
The official VA text of this section
Overview
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
- repeal of graduated ratings for inactive TB
- definition of graduated rating
- handling rating decisions involving a reduced disability evaluation for inactive TB
- action to take when the graduation reaches 0 percent, and
- notifying Department of Veterans Affairs (VA) outpatient clinics of decisions involving service-connected (SC) TB.
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.