Claim Raven explanation
What this means
This section preserves specified graduated ratings for inactive nonpulmonary tuberculosis that were in effect on August 19, 1968. It is a rule for a particular older entitlement group.
The schedule sets different periods and minimum levels according to the disease history and residuals. It should not be applied to a new claim merely because the veteran once had tuberculosis.
How this helps your claim
This helps you read an older rating history and understand why a protected schedule may differ from the current general approach. The original award and subsequent medical findings are essential.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Locate the rating and entitlement records in effect on the specified date.
- Identify the history of activity, inactivity, and affected organs.
- Compare the protected schedule with the periods used in later decisions.
Preserve the historical award records
This provision depends on an older entitlement group, so the original award documents can be particularly important. A modern summary may omit the date and basis needed to determine whether the preserved graduated schedule applies.
Read the historical evaluation sequence alongside evidence of inactivity and residuals. The rule's periods and minimum levels should be followed as a complete framework. Do not borrow one percentage from the schedule while disregarding the date and disease-history requirements that make it applicable.
Does a new tuberculosis claim qualify because the disease is old?
No. The age of the disease is different from having the specified rating in effect on the historical date. This section preserves a particular entitlement framework. A later claim must be evaluated under the provisions actually applicable to its award history and medical circumstances.
Official regulatory text
38 CFR § 4.89
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968.
Public Law 90-493 repealed section 356 of title 38, United States Code which provided graduated ratings for inactive tuberculosis. The repealed section, however, still applies to the case of any veteran who on August 19, 1968, was receiving or entitled to receive compensation for tuberculosis. The use of the protective provisions of Pub. L. 90-493 should be mentioned in the discussion portion of all ratings in which these provisions are applied. For use in rating cases in which the protective provisions of Pub. L. 90-493 apply, the former evaluations are retained in this section.
Scroll sideways to see the full table.
| Rating | |
|---|---|
| For 2 years after date of inactivity, following active tuberculosis, which was clinically identified during service or subsequently | 100 |
| Thereafter, for 4 years, or in any event, to 6 years after date of inactivity | 50 |
| Thereafter, for 5 years, or to 11 years after date of inactivity | 30 |
| Thereafter, in the absence of a schedular compensable permanent residual | 0 |
| Following the total rating for the 2-year period after date of inactivity, the schedular evaluation for residuals of nonpulmonary tuberculosis, i.e., ankylosis, surgical removal of a part, etc., if in excess of 50 percent or 30 percent will be assigned under the appropriate diagnostic code for the specific residual preceded by the diagnostic code for tuberculosis of the body part affected. For example, tuberculosis of the hipjoint with residual ankylosis would be coded 5001-5250. | |
| The graduated ratings for nonpulmonary tuberculosis will not be combined with residuals of nonpulmonary tuberculosis unless the graduated rating and the rating for residual disability cover separate functional losses, e.g., graduated ratings for tuberculosis of the kidney and residuals of tuberculosis of the spine. Where there are existing pulmonary and nonpulmonary conditions, the graduated evaluation for the pulmonary, or for the nonpulmonary, condition will be utilized, combined with evaluations for residuals of the condition not covered by the graduated evaluation utilized, so as to provide the higher evaluation over such period. | |
| The ending dates of all graduated ratings of nonpulmonary tuberculosis will be controlled by the date of attainment of inactivity. | |
| These ratings are applicable only to veterans with nonpulmonary tuberculosis active on or after October 10, 1949. |
[29 FR 6718, May 22, 1964, as amended at 34 FR 5062, Mar. 11, 1969; 43 FR 45361, Oct. 2, 1978]
Related references
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
Ready to review your own document? Start your free claim review.