VA Disability Rating for HIV-Related Illness (DC 6351)
Diagnostic Code 6351 · 38 CFR §4.88b
What Is It?
This code covers HIV disability ratings based on disease progression and immune system impact, not just the diagnosis. Diagnosed psychiatric illness, CNS manifestations, opportunistic infections, and neoplasms may be rated separately if doing so produces a higher overall evaluation.
Rating Criteria
| Rating | Criteria |
|---|---|
| 100% | AIDS with recurrent opportunistic infections or with secondary diseases afflicting multiple body systems, or HIV-related illness with debility and progressive weight loss. |
| 60% | Refractory constitutional symptoms, diarrhea, and pathological weight loss, or minimum rating following development of AIDS-related opportunistic infection or neoplasm. |
| 30% | Recurrent constitutional symptoms, intermittent diarrhea, and use of approved medications, or minimum rating with T4 cell count less than 200. |
| 10% | Following development of HIV-related constitutional symptoms, or T4 cell count between 200 and 500, or use of approved medications, or evidence of depression or memory loss with employment limitations. |
| 0% | Asymptomatic following initial diagnosis, with or without lymphadenopathy or decreased T4 cell count. |
Evidence Needed
HIV confirmatory test results. Serial CD4 counts and viral loads. Complete antiretroviral medication history including side effects. Records of opportunistic infections. Documentation of constitutional symptoms and functional limitations.
C&P Exam Tips
Bring complete CD4 count and viral load history. List all antiretroviral medications with side effects. Document infections from immune suppression. Describe how disease and treatment affect daily energy. Report medication side effects.
How to File
File under DC 6351 with diagnosis, medication records, and serial lab work. File secondary claims for medication side effects and immune-suppression-related conditions. Psychiatric illness, CNS manifestations, opportunistic infections, and neoplasms can be rated separately if it produces a higher evaluation.
Common Mistakes
Common mistakes include accepting the minimum 10 percent without documenting treatment impact, not claiming medication side effects separately, failing to document immune decline periods, and not filing for mental health conditions.
Frequently Asked Questions
Can I get disability for HIV with undetectable viral load?
Yes. The VA recognizes the burden of daily medication, monitoring, and managing a chronic condition. Most veterans receive at least 10 percent.
How does the VA verify HIV service connection?
Through documentation of the initial positive test during service, evidence of exposure, or medical records showing progression from service through diagnosis.
Should I claim medication side effects separately?
Absolutely. Antiretroviral medications can cause peripheral neuropathy, metabolic syndrome, kidney dysfunction, and bone density loss — each claimable as secondary.