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. Search VA.gov for the original decision (opens in a new tab) using citation 0034117.
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