Claim Raven explanation
What this means
This section addresses inactive nonpulmonary tuberculosis where initial entitlement occurred after August 19, 1968. The date of initial entitlement is part of choosing the applicable rule.
It provides a period of total evaluation after inactivity and then directs evaluation of residuals under the relevant body system. The complete text and the particular disease history are needed to determine the correct period and residual evaluation.
How this helps your claim
This helps explain why a tuberculosis rating can change after the disease becomes inactive. Compare the inactivity finding and entitlement history rather than assuming the same rule applies to every older award.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Find the original entitlement date and the date inactivity was established.
- Review medical records identifying the affected body system and residuals.
- Compare the evaluation periods with the rule applicable to that entitlement date.
Verify the entitlement group before applying the timeline
This rule applies to a particular group defined by when initial entitlement occurred. The date of diagnosis and the date of initial entitlement are not automatically identical. Use the award history to establish the relevant group before calculating any graduated or residual evaluation.
Keep the date the disease became inactive with the treatment and award records. The temporary total period and later residual assessment serve different purposes. A reference to an old tuberculosis diagnosis without those dates may leave the applicable rating sequence unresolved.
Can I use the older protected tuberculosis schedule instead?
Only if its separate eligibility conditions apply. Section 4.89 addresses a different historical group. The two provisions should not be mixed to select whichever period or percentage seems more favorable. Establish the actual entitlement history and then apply the correct framework.
Official regulatory text
38 CFR § 4.88c
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968.
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| Rating | |
|---|---|
| For 1 year after date of inactivity, following active tuberculosis | 100 |
| Thereafter: Rate residuals under the specific body system or systems affected. | |
| Following the total rating for the 1 year period after date of inactivity, the schedular evaluation for residuals of nonpulmonary tuberculosis, i.e., ankylosis, surgical removal of a part, etc., will be assigned under the appropriate diagnostic code for the residual preceded by the diagnostic code for tuberculosis of the body part affected. For example, tuberculosis of the hip joint with residual ankylosis would be coded 5001-5250. Where there are existing residuals of pulmonary and nonpulmonary conditions, the evaluations for residual separate functional impairment may be combined. | |
| Where there are existing pulmonary and nonpulmonary conditions, the total rating for the 1 year, after attainment of inactivity, may not be applied to both conditions during the same period. However, the total rating during the 1-year period for the pulmonary or for the nonpulmonary condition will be utilized, combined with evaluation for residuals of the condition not covered by the 1-year total evaluation, so as to allow any additional benefit provided during such period. |
[34 FR 5062, Mar. 11, 1969. Redesignated at 59 FR 60902, Nov. 29, 1994]
Related references
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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