HIV can cause persistent fatigue, uncomfortable muscle aches, and frequent infections that make it difficult to lead a normal life or show up consistently to a full-time job. If you are a veteran living with HIV as a result of your military service, you deserve VA compensation.
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This article explains how the VA rates HIV, conditions that may be related to the virus, and what you can do to get the HIV VA disability rating you’re owed.
Key Takeaways
- HIV is more prevalent among U.S. veterans than the general population. One possible reason is that veterans have a higher risk of developing mental health conditions and may turn to substance use as a way to cope.
- The VA rates HIV using diagnostic code 6351. Veterans can receive a VA rating for HIV of 0%, 10%, 30%, 60%, or 100% depending on the severity of their symptoms and whether the virus has developed into AIDS.
- The VA offers total disability based on individual unemployability (TDIU) benefits to veterans who are unable to work because of service-connected HIV.
In this article about the HIV VA disability rating:
What is HIV?
Human immunodeficiency virus (HIV) is an incurable disease that attacks the body’s immune system. HIV makes it difficult for the body to fight infection, and if left untreated, it can lead to acquired immunodeficiency syndrome, or AIDS.
HIV is spread through contact with certain body fluids. It can be sexually transmitted, spread through shared needles and syringes, or through pregnancy or breast feeding.
Symptoms of HIV vary widely depending on the person and the stage of the infection. Around two to four weeks after the virus enters the body, acute symptoms of HIV may include:
- Fever
- Swollen lymph nodes
- Sore throat
- Rash
- Muscle aches
- Diarrhea
- Weight loss
Over time, the virus can weaken the immune system and increase your risk of developing other conditions. However, with proper treatment, people with HIV often still live long, healthy lives.
Veterans and HIV
In the U.S., HIV is more prevalent among veterans than the general population. One possible reason is that veterans have a higher risk of developing mental health conditions and may turn to substance use as a way to cope. Veterans who have shared syringes or needles to inject certain drugs like heroin or cocaine may be exposed to HIV.
Additionally, veterans are often deployed to countries with higher rates of the disease, and may contract it through sexual contact or exposure to blood either on the battlefield or in medical units.
The VA is the largest provider of HIV treatment in the country, and it recommends every veteran get tested for HIV at least once in their lives, even if they don’t believe they’ve been at risk of exposure.
VA rating for HIV
The VA rates HIV using diagnostic code 6351 in the Schedule of Ratings for infectious disease, immune disorders, and nutritional deficiencies.
Veterans with HIV and HIV-related illnesses can receive a VA rating for HIV of 0%, 10%, 30%, 60%, or 100% depending on the severity of their symptoms and whether the virus has developed into AIDS.
The VA defines “opportunistic infections” as illnesses that indicate an AIDS diagnosis, even if the veteran doesn’t have a low CD4 count.
Examples of opportunistic infections include candidiasis of the bronchi, trachea, esophagus, or lungs, invasive cervical cancer, HIV-related encephalopathy, herpes simplex with chronic ulcers for more than a month, bronchitis, pneumonia, esophagitis, tuberculosis, lymphoma, and wasting syndrome due to HIV, among others.
“Refractory constitutional symptoms” refer to severe, full-body symptoms that don’t respond well to treatment, while “recurrent constitutional symptoms” are severe, full-body symptoms that occur frequently.
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HIV and related conditions
Because HIV attacks the body’s immune system, patients often develop other health problems. In addition to the opportunistic infections we mentioned above, other common coinfections with HIV include:
- Hepatitis B and C: About one third of people living with HIV in the U.S. also have hepatitis B or C.
- Cardiovascular disease: People with HIV are more than 50% likelier to develop a cardiovascular condition than those without.
- Chronic inflammation: Over time, chronic inflammation associated with HIV can lead to kidney, liver, and bone disease, diabetes, cognitive disorders, and certain types of cancers.
- Mental health conditions: For some veterans, an HIV diagnosis can lead to feelings of shame and negative self-worth, which can manifest as anxiety or depression.
If your service-connected HIV causes another medical issue, you may be eligible for additional VA disability benefits for your secondary condition. Veterans can receive secondary service connection for any disability that is medically related to an existing service-connected condition.
Additionally, veterans may qualify for VA benefits for HIV on a secondary basis. Veterans struggling with their mental health after service may be more likely to engage in risky behaviors that increase their chances of contracting HIV.
For example, a veteran with PTSD may turn to illicit drug use as a way to cope with their service-connected PTSD. Sharing needles and syringes to inject certain drugs significantly increases the risk of HIV infection.
If you can prove your service-connected mental health condition led to behavior that resulted in HIV, you may be able to claim secondary service connection.
TDIU for HIV
Living with HIV can be both physically and mentally exhausting. Your body may be constantly fighting illness, and the stress and trauma of the virus can lead to depression, anxiety, or social isolation.
All of these symptoms and more may make it difficult for you to maintain a job. Luckily, the VA offers total disability based on individual unemployability (TDIU) benefits to veterans who are unable to work because of their service-connected conditions.
Veterans who receive TDIU benefits are compensated at the same level as those with a 100% disability rating, even though their combined rating is below 100%.
Veterans will typically be eligible for TDIU if they have:
- At least one service-connected disability rated at 60% or more disabling OR
- Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more
How Woods & Woods can help
Our TDIU lawyers have helped thousands of veterans nationwide who can no longer work because of their service-connected conditions. Call us today for your free, confidential TDIU case evaluation. You won’t pay us unless we win your claim.
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Frequently asked questions
The VA rates HIV using diagnostic code 6351. Veterans with HIV and HIV-related illnesses can receive a VA rating for HIV of 0%, 10%, 30%, 60%, or 100% depending on the severity of symptoms and whether the virus has developed into AIDS.
To prove service connection for an HIV VA disability rating, you will need to show that you the disease as well as a medical nexus, or link, connecting your condition to service. You will also need to submit evidence such as service treatment records, lay or buddy statements, and other supporting documents.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
