HIV VA Rating
How VA rates HIV under diagnostic code 6351, what evidence decides the percentage, and the reasons these claims get denied or under-rated.
HIV is rated under diagnostic code 6351. In the VA Schedule for Rating Disabilities it appears as HIV-related illness, within the Infectious Diseases section of 38 CFR Part 4.
The essentials
| Diagnostic code | 6351 |
|---|---|
| Rating schedule name | HIV-related illness |
| Body system | Infectious Diseases |
| Examination form | INFECT HIV-related illness |
How VA rates hiv
These are the rating levels VA assigns under diagnostic code 6351, quoted from the rating schedule. A rater compares the findings in your examination against each level and assigns the highest one your evidence supports.
| Rating | Criteria |
|---|---|
| 100% | AIDS with recurrent opportunistic infections (see Note 3) or with secondary diseases afflicting multiple body systems; 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 medication(s); or minimum rating with T4 cell count less than 200 |
| 10% | Following development of HIV-related constitutional symptoms; T4 cell count between 200 and 500; use of approved medication(s); or with evidence of depression or memory loss with employment limitations |
| 0% | Asymptomatic, following initial diagnosis of HIV infection, with or without lymphadenopathy or decreased T4 cell count |
- Note 1: In addition to standard therapies and regimens, the term “approved medication(s)” includes treatment regimens and medications prescribed as part of a research protocol at an accredited medical institution.
- Note 2: Diagnosed psychiatric illness, central nervous system manifestations, opportunistic infections, and neoplasms may be rated separately under the appropriate diagnostic codes if a higher overall evaluation results, provided the disability symptoms do…
Criteria quoted from 38 CFR Part 4, Subpart B (eCFR edition 2026-01-01). Where a rating depends on measurements, the figures in your examination report are what decide it — which is why an examination that skipped a required measurement is worth challenging.
Other names for this condition
VA and treating providers may use different terms for the same condition. If your records use any of these, they may still support a claim for HIV:
- Acquired immunodeficiency syndrome (AIDS)
- human immunodeficiency virus
What evidence decides the rating
For infectious diseases conditions, these are the findings VA weighs when assigning a percentage. If your examination did not address them, the examination may be inadequate for rating purposes — which is itself an argument on appeal.
- Whether the disease is active or resolved, and what residuals remain
- For chronic fatigue syndrome: debilitating fatigue that reduces daily activity to less than 50% of pre-illness level, and whether it is incapacitating
Why these claims get denied or under-rated
These are the failure patterns we see most often on hiv and related infectious diseases claims:
- Residuals were never separately rated after the active disease resolved
- Undiagnosed illness and Gulf War presumptive pathways were not considered
If your claim was denied or under-rated
A denial is not the end of the claim. Which route is right depends on why VA decided the way it did:
- Higher-Level Review — when the evidence already in the file supports a grant and VA got the decision wrong, or the examination was inadequate.
- Supplemental Claim — when you have new and relevant evidence, such as a private nexus opinion.
- Board Appeal — when you need a Veterans Law Judge to decide, or want a hearing.
- Clear and Unmistakable Error — when a decision more than a year old contains an undebatable error, which can recover retroactive pay.
Effective dates matter as much as the percentage. See effective dates and back pay for how far back an award can reach.
Sources
Related conditions
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This page is educational information, not legal advice. VA rules and deadlines change — always confirm details with the official source (38 CFR, M21-1) or your accredited claims agent. Borne Accredited Claims is an accredited VA claims agent under 38 CFR §14.629 and is not part of, or endorsed by, the Department of Veterans Affairs. We do not guarantee any specific outcome.