EDUCATIONAL TOOL ONLY. Not legal or medical advice. Not affiliated with the VA.
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HIV-Related Illness VA Disability Rating
DC 6351 | 38 C.F.R. § 4.88b | M21-1, Part IV.ii.2.A
OVERVIEW
HIV-related illness is rated under DC 6351 at 38 C.F.R. § 4.88b. Veterans may contract HIV through blood transfusions, sexual exposure related to service, needle-stick injuries, or other in-service exposures. Rating ranges from 0% (asymptomatic) to 100% (AIDS with opportunistic infections). Modern ART has changed disease course, but ratings continue based on symptomatic impact.
RATING CRITERIA (5 LEVELS)
100% — AIDS with opportunistic infections or debility
AIDS with recurrent opportunistic infections OR secondary diseases afflicting multiple body systems; OR HIV-related illness with debility and progressive weight loss.
60% — Refractory constitutional symptoms or minimum following AIDS-defining event
Refractory constitutional symptoms, diarrhea, and pathological weight loss; OR minimum rating following development of AIDS-related opportunistic infection or neoplasm.
30% — Recurrent symptoms requiring medication or CD4 <200
Recurrent constitutional symptoms, intermittent diarrhea, and approved medications; OR minimum rating with T4 (CD4) cell count less than 200.
10% — HIV-related symptoms or declining CD4
HIV-related constitutional symptoms; T4 count between 200-500; approved medications; or evidence of depression or memory loss with employment limitations.
0% — Asymptomatic HIV
Asymptomatic HIV infection following initial diagnosis, with or without lymphadenopathy or decreased T4 count.
KEY EVIDENCE TO GATHER
-HIV antibody testing and HIV RNA viral load
-CD4/T4 count history — counts below 200 support minimum 30%
-Service records documenting potential exposure
-ART medication list and history
-Documentation of AIDS-defining illnesses if applicable
-Records of constitutional symptoms: fever, night sweats, weight loss, fatigue, diarrhea
SECONDARY CONDITIONS (4 MAPPED)
DC 8520
HIV and antiretroviral medications cause peripheral neuropathy.
DC 9301
HIV-associated neurocognitive disorder (HAND) separately ratable under DC 9301.
DC 9434
Depression is most common HIV comorbidity — independently ratable.
DC 7544
HIV-associated nephropathy and antiretroviral nephrotoxicity — DC 7544 covers HIV-related renal disease.
C&P EXAM TIPS (4)
1.Even on effective ART with undetectable viral load, historical CD4 counts below 200 support the 30% rating.
2.Constitutional symptoms (fatigue, night sweats, weight loss) even if intermittent support 10-30% minimum.
3.If you ever had an AIDS-defining illness, minimum 60% applies even after recovery.
4.Antiretroviral side effects (neuropathy, kidney disease) are separately ratable as secondary conditions.
RELEVANT CASE LAW
38 C.F.R. § 4.88b, DC 6351 Note 1
Approved medications include treatment regimens prescribed as part of a research protocol at an accredited medical institution, in addition to standard antiretroviral therapies.
DOLLAR IMPACT
Asymptomatic HIV: 0% but file for service connection. CD4 <200: 30% = $524.31/mo. AIDS-defining illness history: 60% minimum = $1,131.68/mo. Secondary conditions frequently push combined ratings significantly higher.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026