[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.89]

[Page 413]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents
 
                      Subpart B_Disability Ratings
 
Sec. 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    Public Law 90-493 repealed section 356 of title 38, United States 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repealed section, however, still applies to the case of any veteran who 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.

------------------------------------------------------------------------
                                                                  Rating
------------------------------------------------------------------------
For 2 years after date of inactivity, following active               100
 tuberculosis, which was clinically identified during service or
 subsequently...................................................
Thereafter, for 4 years, or in any event, to 6 years after date       50
 of inactivity..................................................
Thereafter, for 5 years, or to 11 years after date of inactivity      30
Thereafter, in the absence of a schedular compensable permanent        0
 residual.......................................................
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]

                         The Respiratory System