Pulmonary Tuberculosis, Chronic, Moderately Advanced, Active — VA Disability Rating Criteria (DC 6702)
Diagnostic Code 6702 · 38 CFR §4.97
What Is It?
DC 6702 covers chronic pulmonary tuberculosis classified as moderately advanced and active. The evaluation is a flat 100 percent — there is no ladder and nothing to argue about severity, because every active classification in this block (DC 6701, 6702, 6703 and 6704) carries the same total rating. The eight codes DC 6701 through 6724 sit in 38 CFR 4.97 under the heading "Ratings for Pulmonary Tuberculosis Entitled on August 19, 1968," and that heading is the most important fact about them. Public Law 90-493 repealed 38 U.S.C. 356, which had provided graduated ratings for inactive tuberculosis. 38 CFR 4.96(b) explains that the repealed section still applies to any veteran who on 19 August 1968 was receiving or entitled to receive compensation for tuberculosis, and directs that the use of those protective provisions be mentioned in the discussion portion of every rating applying them. Anyone whose pulmonary tuberculosis was first evaluated after that date is rated under DC 6730, 6731 or 6732 instead. These pages describe the protected legacy schedule as it still reads. What the classification does control is what happens next. When the disease is determined inactive, the case moves to DC 6722 and the General Rating Formula for Inactive Pulmonary Tuberculosis begins: 100 percent for two years after the date of inactivity, 50 percent thereafter for four years or in any event to six years, 30 percent thereafter for five years or to eleven years, and then a permanent minimum that depends on the lesions documented while the disease was active. Two notes govern the whole block. Note (1): the 100 percent rating under DC 6701 through 6724 is not subject to a requirement of precedent hospital treatment, and it will be reduced to 50 percent for failure to submit to examination or to follow prescribed treatment upon report to that effect from the medical authorities. Note (2): the graduated 50 and 30 percent ratings and the permanent 30 and 20 percent ratings for inactive pulmonary tuberculosis are not to be combined with ratings for other respiratory disabilities; following thoracoplasty the rating is for removal of ribs combined with the rating for collapsed lung, and resection of ribs incident to thoracoplasty is rated as removal. 38 CFR 4.96(a) adds that in cases protected by Pub. L. 90-493 the graduated 50 and 30 percent ratings will not be elevated. That is why the active-phase record matters long after the active phase ends: moderately advanced lesions support a permanent 20 percent minimum, but only where there is continued disability — emphysema, dyspnea on exertion, impairment of health and the like.
Rating Criteria
| Rating | Criteria |
|---|---|
| 100% | DC 6702 carries a single figure: 100 percent. The schedule assigns a total evaluation for chronic active pulmonary tuberculosis of this classification, with no lesser step. Note (1) to the block adds that this 100 percent rating is not subject to a requirement of precedent hospital treatment, and that it will be reduced to 50 percent for failure to submit to examination or to follow prescribed treatment on report from the medical authorities — a compliance reduction, not a severity tier. When the disease is determined inactive the evaluation moves to the corresponding inactive code (DC 6722) and the General Rating Formula for Inactive Pulmonary Tuberculosis takes over. |
Evidence Needed
For the active phase: microbiological confirmation — sputum smear and culture, or nucleic-acid amplification testing — chest imaging showing the active process, and the treatment record for the anti-tuberculous regimen. Because this block only applies to veterans entitled to compensation for tuberculosis on 19 August 1968, the entitlement history itself is evidence: the original rating decision, the award letter, or any document establishing that entitlement existed on that date. The most valuable single item for the future is a clear statement of lesion extent while the disease was active — far advanced, moderately advanced or minimal — because that classification, and nothing else, sets the permanent minimum once the graduated period expires.
C&P Exam Tips
Bring the treatment completion record and the current sputum status; the flat 100 percent turns on active disease, not on how impaired you feel. Ask the examiner to state the lesion extent explicitly in the report and to identify the date of inactivity if the disease has arrested, since the entire graduated schedule is measured from that date. Note (1) means a reduction to 50 percent is a consequence of not attending examinations or not following prescribed treatment — so attend and comply, and if you have missed appointments for a reason, put that reason in writing.
How to File
File under DC 6702 with the microbiological confirmation, imaging and treatment records, and include whatever establishes entitlement to compensation for tuberculosis as of 19 August 1968 — that is what places the claim in this protected block rather than under DC 6730 through 6732. Ask for the date of inactivity and the lesion classification to be stated in the decision. Note (2) bars combining the graduated 50 and 30 percent inactive ratings and the permanent 30 and 20 percent ratings with ratings for other respiratory disabilities, so plan the sequence rather than expecting to stack respiratory codes; conditions outside the respiratory system are rated and combined normally under 38 CFR 4.25.
Common Mistakes
Treating the 50 percent in Note (1) as a severity tier. It is not — it is the consequence of failing to submit to examination or follow prescribed treatment. Assuming this block applies to a modern tuberculosis claim: it applies only to veterans entitled to compensation for tuberculosis on 19 August 1968, and everyone else is rated under DC 6730 through 6732. Letting the active-phase record close without the lesion extent recorded, which forfeits the permanent minimum years later. And expecting to combine the graduated inactive ratings with another respiratory code, which Note (2) forbids.
Frequently Asked Questions
What rating does DC 6702 pay?
A flat 100 percent. Chronic active pulmonary tuberculosis carries a total evaluation in this block regardless of classification — DC 6701, 6702, 6703 and 6704 are all 100 percent.
Why would the rating drop to 50 percent?
Only under Note (1), and only for failure to submit to examination or to follow prescribed treatment upon report from the medical authorities. It is a compliance provision, not a graded criterion.
What happens when the disease becomes inactive?
The case moves to DC 6722 and the General Rating Formula for Inactive Pulmonary Tuberculosis applies: 100 percent for two years after the date of inactivity, 50 percent thereafter for four years or to six years in any event, 30 percent thereafter for five years or to eleven years, then a permanent minimum set by the lesions documented while the disease was active.
Does this block apply to a tuberculosis claim filed today?
No. DC 6701 through 6724 apply to veterans who on 19 August 1968 were receiving or entitled to receive compensation for tuberculosis, under the protective provisions of Pub. L. 90-493 explained at 38 CFR 4.96(b). A case first evaluated after that date is rated under DC 6730, 6731 or 6732.
Do I need to have been hospitalised?
No. Note (1) states expressly that the 100 percent rating under DC 6701 through 6724 is not subject to a requirement of precedent hospital treatment.
Can I add another lung rating on top?
Not for the graduated inactive ratings. Note (2) bars combining the graduated 50 and 30 percent and the permanent 30 and 20 percent inactive tuberculosis ratings with ratings for other respiratory disabilities, and 38 CFR 4.96(a) generally directs a single evaluation under the predominant respiratory code. Non-respiratory conditions are combined normally under 38 CFR 4.25.