38 C.F.R. § 3.371

Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947

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(a) Pulmonary tuberculosis. (1) Evidence of activity on comparative study of X-ray films showing pulmonary tuberculosis within the 3-year presumptive period provided by § 3.307(a)(3) will be taken as establishing service connection for active pulmonary tuberculosis subsequently diagnosed by approved methods but service connection and evaluation may be assigned only from the date of such diagnosis or other evidence of clinical activity.

(2) A notation of inactive tuberculosis of the reinfection type at induction or enlistment definitely prevents the grant of service connection under § 3.307 for active tuberculosis, regardless of the fact that it was shown within the appropriate presumptive period.

(b) Pleurisy with effusion without obvious cause. Pleurisy with effusion with evidence of diagnostic studies ruling out obvious nontuberculous causes will qualify as active tuberculosis. The requirements for presumptive service connection will be the same as those for tuberculous pleurisy.

(c) Tuberculous pleurisy and endobronchial tuberculosis. Tuberculous pleurisy and endobronchial tuberculosis fall within the category of pulmonary tuberculosis for the purpose of service connection on a presumptive basis. Either will be held incurred in service when initially manifested within 36 months after the veteran's separation from service as determined under § 3.307(a)(2).

(d) Miliary tuberculosis. Service connection for miliary tuberculosis involving the lungs is to be determined in the same manner as for other active pulmonary tuberculosis.

[26 FR 1591, Feb. 24, 1961, as amended at 27 FR 6387, July 6, 1962; 31 FR 4681, Mar. 19, 1966; 39 FR 34532, Sept. 26, 1974; 43 FR 45347, Oct. 2, 1978; 54 FR 34981, Aug. 23, 1989]

Notes of Decisions

Cited in 4 cases, 1992–2016 · leading case: Tubianosa v. Derwinski, 3 Vet. App. 181 (Vet. App. 1992).

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Tubianosa v. Derwinski, 3 Vet. App. 181 (Vet. App. 1992). · cites it 3× “…the three-year presumption period. See 38 U.S.C. §§ 1110 , 1112(a)(3), 1131 (formerly §§ 310, 312, 331); see also 38 C.F.R. § 3.371 (1991). In a June 29, 1970, rating decision, the Veterans’ Administration (now Department of Veterans Affairs) (VA) Regional Office (RO)…”

Clifford H. Cox v. Robert A. McDonald, 28 Vet. App. 318 (Vet. App. 2016). “§ 1117 and 38 C.F.R. § 3.371 (b), and whether, therefore, the Board erred in not considering these provisions when deciding the appellant’s claims.”

Goodsell v. Brown, 5 Vet. App. 36 (Vet. App. 1993). “The Court based its conclusion on the provisions of 38 C.F.R. §§ 3.371 (a)(1) and 3.371(c), which the Court held established that a private physician’s diagnosis of PTB is competent to prove the existence of PTB only if such diagnosis is “confirmed by acceptable clinical,…”

Salong v. Brown, 7 Vet. App. 130 (Vet. App. 1994). “Further, 38 C.F.R. § 3.371 (a) states that presumptive service connection for tuberculous disease may be established through “[e]vidence of activity on comparative study of X-ray films showing pulmonary tuberculosis within the 3-year presumptive period.”

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