The veteran's claim for an increased evaluation of his cervical radiculopathy secondary to a fracture of C4-5 was denied. The VA found that the evidence did not support a higher rating than 40 percent, which is already in effect since March 29, 1991. For the temporary total disability rating under 38 C.F.R. § 4.29, the veteran's hospitalization from January to February 1991 was less than 21 days and not due to his service-connected disabilities. The claim for TDIU based on his service-connected cervical radiculopathy secondary to a fracture of C4-5 was also denied as the evidence did not show that his service-connected disabilities precluded him from engaging in substantially gainful employment.
The deciding factor: The VA determined that the veteran's cervical radiculopathy and duodenal ulcer, which are already rated at 40 percent combined, do not warrant a higher evaluation. The temporary total disability rating under 38 C.F.R. § 4.29 was denied because the hospitalization did not exceed 21 days and was not due to his service-connected disabilities. For TDIU, the VA found that the veteran's service-connected cervical radiculopathy secondary to a fracture of C4-5 alone does not preclude him from engaging in substantially gainful employment.
- Claimed conditions
- Cervical radiculopathy secondary to a fracture of C4-5, Duodenal ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2000
- Citation
- 0034117
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0034117.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied entitlement to a finding of total disability due to individual unemployability (TDIU) based on the Veteran's service-connected conditions prior to July 8, 2021.
- Denied
The Board denied the veteran's claims for a higher disability rating and TDIU, as his duodenal ulcer symptoms were no more than mild in severity throughout the period on appeal.
- Partly granted
The Board granted basic eligibility for nonservice-connected pension based on the Veteran's wartime service requirement, finding the Veteran was discharged during a period of war for a service-connected disability (duodenal ulcer). The Board remanded the case for adjudication of whether the Veteran meets the income and net worth requirements for entitlement to pension benefits.
- Partly granted
The Board granted service connection for a duodenal ulcer and denied service connection for degenerative disc disease, lumbar spine (lumbar spine DDD). The anterior pituitary condition was remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.