My Claim Packetby VA Disability Max
Ink wash of a checked clipboard, a canteen, a coffee mug, and a pen on a wooden table.

38 CFR Part 4 — 38 CFR § 4.97

Malignant neoplasms of the respiratory system — VA Diagnostic Code 6819

Respiratory

Diagnostic code

6819

38 CFR § 4.97 lists Diagnostic Code 6819 as “Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths,” rated 100. The note continues that 100 percent beyond the end of treatment and sets a mandatory VA examination six months after treatment stops. Skin growths are outside this code. Benign neoplasms are DC 6820.

Reviewed 2026-10-05. Text checked against the eCFR versioner full-text XML for 2026-10-01 on 2026-10-05. Title 38 was up to date as of 2026-10-01 and last amended on 2026-08-27. The § 4.97 source note prints 61 FR 46728, Sept. 5, 1996, as amended at 71 FR 28586, May 17, 2006. The versioner content versions for § 4.97 list a substantive amendment date of 2016-12-14. The § 4.96 source note prints 34 FR 5062, Mar. 11, 1969, as amended at 61 FR 46727, Sept. 5, 1996; 71 FR 52459, Sept. 6, 2006.

The rating criteria at each level

Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths

Rating %: 100

Criteria (verbatim). Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths

Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.

The note, not a second percentage line, is what happens after treatment stops. If there has been no local recurrence or metastasis, rate on residuals.

38 CFR § 4.96(a) says that where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

Source: 38 CFR § 4.97, Diagnostic Code 6819, eCFR full-text XML for 2026-10-01.

What the words mean in your records

Exclusive of skin growths

Those words are in the code title. A malignant skin growth is not what this line names.

Six months after discontinuance of such treatment

The note says the 100 percent continues beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. A change based on that exam, or a later one, is subject to § 3.105(e).

Rate on residuals

The note says that if there has been no local recurrence or metastasis, rate on residuals. It does not name the residual code in that sentence.

When two evaluations are close

38 CFR § 4.7 (Higher of two evaluations) assigns the higher rating when the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 CFR § 4.6 (Evaluation of evidence) requires each element affecting the evidence to be studied so that decisions will be equitable and just.

Evidence that speaks to each level

100 during treatment and for six months after it stops

What the rater needs to see. A malignant neoplasm of a specified part of the respiratory system, exclusive of skin growths, and the treatment dates if treatment has stopped.

Where that usually lives. Pathology, the treatment summary, and the date treatment stopped.

After the mandatory examination

What the rater needs to see. The note requires a VA examination six months after discontinuance of treatment. If there has been no local recurrence or metastasis, rate on residuals. A change in evaluation is subject to § 3.105(e).

Where that usually lives. The examination report and the rating decision that cites the change.

VA’s public DBQ list, checked October 5, 2026, names “Respiratory Conditions (other than tuberculosis and sleep apnea)” under Respiratory. The file is Respiratory Conditions (other than tuberculosis and sleep apnea). Sleep apnea is a separate public form and a separate code, DC 6847.

The exam form

The public respiratory form is on the DBQ list. The DC 6819 note separately requires a mandatory VA examination six months after treatment stops. This page does not say the public form replaces that examination.

Related codes and how they interact

Benign neoplasms and residual respiratory codes

DC 6820 is neoplasms, benign, any specified part of the respiratory system. The schedule says to evaluate it using an appropriate respiratory analogy.

Section 4.96(a) says a DC 6819 rating is not combined with DC 6820, or with codes 6600 through 6817 or 6822 through 6847, where there is lung or pleural involvement.

Chronic sinusitis and rhinitis have their own pages: the sinusitis guide and the rhinitis guide. They are not DC 6819.

Secondary conditions and presumptions

Three different lists use the word cancer, and they are not the same list.

38 CFR § 3.309(e) names “Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)” for a veteran exposed to an herbicide agent, if § 3.307(a)(6) is met and the rebuttable presumption provisions of § 3.307(d) are satisfied. That parenthetical is lung, bronchus, larynx, or trachea. The paragraph does not say “of any type.”

38 U.S.C. § 1120(b) lists “Respiratory cancer of any type” among the burn-pit and other-toxin diseases, for a covered veteran as that section uses the term, subject to section 1113. VA’s PACT Act page lists “Respiratory (breathing-related) cancer of any type” under “These cancers are now presumptive.”

38 CFR § 3.320(a)(3) lists these rare cancers, and not a general respiratory-cancer category: squamous cell carcinoma of the larynx; squamous cell carcinoma of the trachea; adenocarcinoma of the trachea; salivary gland-type tumors of the trachea; adenosquamous carcinoma of the lung; large cell carcinoma of the lung; salivary gland-type tumors of the lung; sarcomatoid carcinoma of the lung; and typical and atypical carcinoid of the lung. They are service connected if manifested to any degree, including non-compensable, at any time after a qualifying period of service in paragraph (a)(5), except as paragraph (b) provides.

A secondary question that those sections do not decide is a medical question on the facts under 38 CFR § 3.310. Paragraph (a) covers disability proximately due to or the result of a service-connected disease or injury. Paragraph (b) covers increase in severity and requires a medical baseline.

Short answers

What is the VA rating for DC 6819?

Under 38 CFR § 4.97, a malignant neoplasm of any specified part of the respiratory system, exclusive of skin growths, is rated 100 percent. The note keeps that rating for six months after treatment stops, then requires a VA examination. If there is no local recurrence or metastasis, rate on residuals. Education only. VA decides on the evidence.

Which presumption list uses “of any type”?

38 U.S.C. § 1120(b) lists “Respiratory cancer of any type.” VA’s PACT Act page lists “Respiratory (breathing-related) cancer of any type.” The herbicide list in § 3.309(e) instead says “Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea).”

FAQ

How does VA rate a malignant respiratory neoplasm under DC 6819?

38 CFR § 4.97 rates DC 6819 at 100 percent. The note continues that evaluation beyond the end of surgery, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after treatment stops, a mandatory VA examination determines the rating. If there has been no local recurrence or metastasis, rate on residuals. A later change is subject to § 3.105(e). Education only.

Does the herbicide list cover every respiratory cancer?

Section 3.309(e) names “Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea).” It does not use the words “of any type.” “Respiratory cancer of any type” is the phrase in 38 U.S.C. § 1120(b). Section 3.320(a)(3) names nine specific rare cancers.

Are skin cancers rated under DC 6819?

The code title says “exclusive of skin growths.”

Next steps

Education only. Not legal or medical advice. My Claim Packet is not a VA-accredited representative and does not file claims. VA decides every claim on its own evidence.

Other codes in this body system

Nearby catalog entries in Respiratory, ordered by diagnostic code number. All Respiratory codes

Also: DC code lookup (tools) lists the same index in a compact layout.

Source: 38 CFR Part 4, Diagnostic Code 6819 • va.gov

⚠️ Important Disclaimer

This page provides general educational information based on public VA regulations and VA.gov resources. It is not legal or medical advice, and My Claim Packet is not a VA-accredited representative. Any worksheets or draft documents produced by the tools must be reviewed for accuracy and are not filed with VA for you. Ratings and service connection are decided case-by-case from the individual record. Consult a VA-accredited VSO, claims agent, attorney, or qualified clinician for help with your situation, and verify current rules using the linked official source.

Get the free Secondary Conditions Checklist by email