Public Law 90-493 repealed section 356 of title 38, United States Code which provided graduated ratings for inactive tuberculosis. The repealed section, however, still applies to the case of any veteran who on August 19, 1968, was receiving or entitled to receive compensation for tuberculosis.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 30Thereafter, 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