You served. The VA owes you a debt it does not volunteer to pay. Everything here is free. When you need an accredited agent in your corner, we are right here.
Crisis Line: 988702-992-4883Description
We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.
Notes
Information here is free. Optional accredited representation, no fees unless you win.
Albert Thombs
Founder & VA-Accredited Claims Agent · #45147
For joint claims, a few degrees on a goniometer can move your rating by tiers. Here is what a proper measurement looks like.
For musculoskeletal claims, your rating often comes down to degrees of motion measured with a goniometer. Under 38 CFR § 4.71a, those numbers map directly to rating tiers, so how the measurement is taken matters enormously.
The examiner should measure active and passive motion, test both the injured and opposite joint for comparison, and repeat the motion to capture loss after repetitive use. Pain that begins during motion should be noted, along with where it starts.
Tell the examiner exactly where the pain begins and stop when it is genuine, do not push through silently to look tough, and do not exaggerate. An accurate, honest measurement protects you. If the exam skipped repetitive-use testing or ignored painful motion, that is a defect worth challenging.
A few degrees decide a tier. Make sure the number in your file is the real one.
The adequacy standard for C&P examinations is codified in M21-1, Part III, Subpart iv, Chapter 3 (Obtaining Medical Examinations and Medical Opinions), and the body-system-specific requirements in Chapter 4. When an examiner fails to address functional loss, skips required testing, or provides a "bare conclusion" without a rationale, the exam is legally inadequate under Barr v. Nicholson. Under Sharp v. Shulkin, an examiner who dismisses flare-up impact without a reasoned explanation has produced a deficient opinion. Under Correia v. McDonald, musculoskeletal exams must include active, passive, and weight-bearing versus non-weight-bearing testing, skip any one of those, and the exam is incomplete.
I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:
You do your job and we will do ours. That is how claims get won.
We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.
Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.
20% of back pay
No cost up front, nothing out of pocket. The VA withholds our fee and pays us directly under §14.636(h). Best for cleaner, more recent, single-issue denials, routine higher-level reviews, supplemental claims, and rating increases, carried all the way to the Board of Veterans’ Appeals.
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30% of back pay
For high-complexity cases, long claim histories, prior Board denials, CUE, complex effective-date and TDIU fights, multi-issue toxic exposure. Still no cost up front. Because the VA pays a rep only up to 20% directly, the VA sends your full retro to you and we invoice you directly for the 30%. Lawful, but never entered into lightly.
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$750 flat
A standalone forensic file review and written road map, not representation. For the veteran with a tough, older case who wants to fight it himself and keep 100% of his back pay. We audit your file, show you every error, and hand you the plan. Available only to veterans who already have a VA decision.
See full detailsThe exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.
Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.
Mon–Fri, 11AM–6PM Pacific
Questions are always free. The Mission 5 Brief is $750 flat.
