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The VA DisabilityADVOCATE

What The VA Won’t Put In Writing

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Description

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.

VA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTIONVA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTION
Anatomical illustration of a spine with ankylosing spondylitis showing progressive vertebral fusion and bamboo spine appearance
Back, Neck & Spine, all conditions
DC 5240 · #45147

Ankylosing Spondylitis

An inflammatory autoimmune disease that fuses the vertebrae together over time. The spine literally turns into a single rigid column of bone. Unlike every other spine condition on this page, ankylosing spondylitis is not caused by mechanical wear, it is a disease process. But military service can trigger it, and the VA recognizes it.

Ankylosing spondylitis is the spine condition that goes straight to the top of the schedule. When the spine fuses, favorable or unfavorable ankylosis, the rating is 30% to 100% depending on how much of the spine is involved and what position it fused in. The disease is progressive, it does not reverse, and the VA cannot rate a fused spine on range of motion it no longer has. The rating reflects the anatomical reality.

The Law That Governs This38 CFR §3.303, Direct Service Connection38 CFR §3.310, Secondary Service Connection38 CFR §4.3, Reasonable DoubtDC 5240, Diagnostic Code

The Diagnostic Codes

Conditions Rated In Back, Neck & Spine

These are the codes the VA will actually stamp on a decision in this group. The code you are granted under decides which formula is used, and that decides your percentage. Ankylosing Spondylitis is highlighted below.

DC 5237

Anatomical illustration of inflamed paraspinal muscles along the spine, showing areas of strain and micro-tearing in the muscle fibers

Cervical / Thoracic / Lumbosacral Strain

Overstretching or tearing of the muscles, tendons and ligaments that hold a spinal region together. This is the most commonly granted spine diagnosis in the VA system, and it is the one most often under-rated, because examiners treat it as "just a muscle pull" instead of measuring what it actually does to your motion.

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DC 5242

Anatomical illustration of degenerated spinal discs showing dehydration, height loss and bone spur formation

Degenerative Disc Disease (DDD) / Degenerative Arthritis of the Spine

The discs between your vertebrae are shock absorbers made mostly of water. Under years of compressive load they dry out, flatten and crack. The vertebrae then sit closer together, the joints grind, and the body lays down bone spurs. It does not heal. It only progresses.

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DC 5243

Anatomical illustration of a herniated disc pressing against a nerve root in the spinal canal

Herniated Disc / Intervertebral Disc Syndrome (IVDS)

The disc wall ruptures and the nucleus pushes into the spinal canal, pressing directly on a nerve root. This is the spine condition that produces the most dramatic nerve symptoms, sciatica, arm pain, foot drop, bladder dysfunction, and it is the only one that has its own alternative rating formula based on incapacitating episodes.

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DC 5238

Anatomical illustration of a narrowed spinal canal showing bone spurs and thickened ligaments compressing the spinal cord

Spinal Stenosis

The spinal canal narrows, from bone spurs, thickened ligaments, bulging discs, or all three, and the spinal cord or nerve roots run out of room. Stenosis is progressive, it does not reverse, and the hallmark symptom is neurogenic claudication: leg pain and weakness that gets worse when you walk and better when you lean forward.

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DC 5235

Anatomical illustration of a vertebral compression fracture showing loss of vertebral body height and wedging

Vertebral Fracture

A vertebral body cracks under force, a blast, a fall, a parachute landing, a vehicle rollover. The fracture may heal, but the vertebra never returns to its original height, and the mechanical consequences, altered load distribution, accelerated degeneration at adjacent levels, and progressive kyphosis, last the rest of your life.

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DC 5240

Ankylosing Spondylitis, organizing the records that support the claim

Ankylosing Spondylitis

An inflammatory autoimmune disease that fuses the vertebrae together over time. The spine literally turns into a single rigid column of bone. Unlike every other spine condition on this page, ankylosing spondylitis is not caused by mechanical wear, it is a disease process. But military service can trigger it, and the VA recognizes it.

You are reading this page

Before Anything Gets Rated

What The VA Is Actually Looking For, And What Service Connection Really Means

Before the VA ever opens the rating schedule, it asks one question: is this disability the government’s responsibility? That is what “service connection” means. It is not a diagnosis, it is not sympathy, and it is not a reward for having served. It is a legal finding that a current, diagnosed disability is linked to something that happened to you in uniform. Percentages come later. If service connection is not established, there is nothing to rate and the claim is denied, no matter how bad the ankylosing spondylitis is.

Service connection for Ankylosing Spondylitis: the link between your service record and a current diagnosis

For Ankylosing Spondylitis Specifically

For ankylosing spondylitis, the VA needs a confirmed rheumatologic diagnosis, not just chronic back pain, not just sacroiliitis on imaging, but a documented diagnosis of ankylosing spondylitis or axial spondyloarthropathy from a physician, ideally a rheumatologist, supported by HLA-B27 testing, inflammatory markers (ESR/CRP), and imaging showing sacroiliac joint erosion or spinal fusion. Service connection is most often won direct, the veteran documents onset of inflammatory back pain during service, or shows the condition was diagnosed within a reasonable period after separation, because AS has no VA presumptive list and no recognized occupational exposure trigger, so you are building a direct nexus or an aggravation argument. The rating under DC 5240 and 38 CFR §4.71a does not use range-of-motion measurements the way other spine conditions do; instead, it keys on favorable versus unfavorable ankylosis and how many spinal segments are fused, with ratings running from 30% for favorable ankylosis of the entire spine to 100% for unfavorable ankylosis. M21-1, Part III, Subpart iv, Chapter 4, Sections A–B (Musculoskeletal Conditions) requires the rater to document the actual position of fusion, a spine fused in a neutral, functional position rates lower than one fused in a flexed, lateral, or rotated position. If the VA tries to rate your fused spine under the general spine formula using range-of-motion loss, that is the wrong diagnostic code and you need to push back hard.

The three elements the VA must find. All three. Every time.

These come out of Caluza v. Brown and Shedden v. Principi, and they are the checklist a rating officer works through on your file. Miss one and the claim fails on that element alone.

1

A current, diagnosed disability

A doctor has to have written a diagnosis in a medical record, ankylosing spondylitis. Symptoms by themselves are not a disability the VA can rate. Saunders v. Wilkie held that pain causing functional impairment can be a disability, but you still need a clinician to document it as diagnosed and impairing. The diagnosis must exist now, during the claim period, not only years ago.

2

An in-service event, injury, illness or aggravation

Something in service had to have happened, an injury, an exposure, a documented sick call, or steady wear over a career. It does not have to be one dramatic moment and it does not have to be spelled out in your service treatment records: buddy statements, unit records, performance evaluations and your own competent lay testimony can establish it.

3

A medical nexus linking the two

A qualified medical opinion that says the current diagnosis is at least as likely as not related to the in-service event. That phrase matters: at least as likely as not means 50 percent or better. Under 38 C.F.R. §3.102, when the evidence is evenly balanced, the benefit of the doubt goes to you and the claim must be granted.

The five ways service connection is established

Most veterans only know the first one. The other routes are lower-effort paths to the same grant, and the secondary route is the one most often left on the table.

Direct, 38 C.F.R. §3.303(a)

The injury or disease began in service and never went away. The classic route: three elements, one nexus opinion.

Chronicity and continuity, §3.303(b)

A chronic condition shown in service, plus continuity of the same symptoms from separation to now, can establish the link without a formal nexus opinion. Your own testimony about symptoms you can observe is competent evidence.

Presumptive, §3.307 and §3.309

Certain chronic diseases are presumed service connected if they manifest to a compensable degree within a set window after separation. You do not have to prove causation at all.

Secondary, §3.310(a) and (b)

A disability proximately due to, or aggravated by, an already service-connected condition is itself service connected. This is how the bilateral hip disease, restrictive lung disease, and eye inflammation that ankylosing spondylitis produces get on the rating sheet.

Aggravation of a pre-service condition, §3.306

If you entered service with a condition and service made it permanently worse, the increase is compensable. The VA must rebut the presumption of soundness by clear and unmistakable evidence, a bar it frequently fails to meet.

VA medical care, 38 U.S.C. §1151

An additional disability caused by VA treatment, surgery, or a failure to diagnose is compensated as if it were service connected.

The bottom line, there is no way around this

No diagnosis, no rating. It has to be chronic. It has to cause impairment.

Without a diagnosis, the VA will not rate your claim.

The VA will not rate ankylosing spondylitis off imaging alone or off a veteran's description of inflammatory back pain, a physician has to have written the actual diagnosis in the record, and a rheumatologist's confirmation carries the most weight. Veterans lose this element constantly because their service treatment records show only 'low back pain' or 'sacroiliitis,' and no one connected those findings to an AS diagnosis until years after separation. Without that documented diagnosis, the VA has nothing to rate under DC 5240.

The condition must be chronic.

Ankylosing spondylitis is by definition a chronic, progressive disease, but the VA still needs to see a documented treatment history showing the condition has persisted, rheumatology follow-ups, NSAID or biologic prescriptions, repeat imaging showing disease progression. A single diagnosis note from years ago with no follow-up gives the VA room to argue the condition resolved or was never continuous, which is medically absurd for AS but legally exploitable. A gap in treatment is a gap in your claim.

It must cause actual impairment.

Under DC 5240, impairment is measured by the position and extent of spinal ankylosis, not by how far you can bend, if your spine is fused in a neutral position, the VA will rate it as favorable ankylosis and the rating is lower, even if you are in significant pain. The zero-percent trap here is a rater who finds 'favorable ankylosis' of a limited segment and assigns a rating that does not reflect the full extent of disease, peripheral joint involvement, or secondary conditions like restrictive lung disease. Functional impairment beyond the spine, breathing restriction, hip involvement, fatigue, must be separately documented and claimed or it disappears from the rating.

What this means for you before you file: Before you file, get a current rheumatology evaluation that explicitly states the diagnosis, identifies which spinal segments are fused, and describes the position of fusion, favorable or unfavorable. Line up your HLA-B27 results, inflammatory marker history, and imaging series, and document every secondary condition the disease has caused. Under Sharp v. Shulkin, the C&P examiner cannot dismiss flare-up functional loss with an unsupported estimate, a bare conclusion is inadequate. Under Mitchell v. Shinseki, pain-limited motion must be documented in degrees, not just acknowledged.

The Percentages

Rating Schedule, Ankylosing Spondylitis, Diagnostic Code 5240

The General Rating Formula applies. Because AS produces ankylosis (fusion), the ROM thresholds for 10-20% are less relevant, the disease typically rates at the ankylosis levels (30-100%). The distinction between favorable and unfavorable ankylosis is worth 10-50 percentage points and depends on the position the spine fused in.

How the VA rating schedule turns ankylosing spondylitis findings into a percentage

100%

Unfavorable ankylosis of the entire spine.

50%

Unfavorable ankylosis of the entire thoracolumbar spine.

40%

Unfavorable ankylosis of the entire cervical spine; or favorable ankylosis of the entire thoracolumbar spine.

30%

Forward flexion of the cervical spine 15° or less; or favorable ankylosis of the entire cervical spine.

20%

Forward flexion of the thoracolumbar spine >30° but ≤60°; or cervical >15° but ≤30°; or combined ROM within specified ranges; or spasm/guarding producing abnormal gait or abnormal spinal contour.

10%

Forward flexion within mildly limited ranges; or spasm/guarding/tenderness not producing abnormal gait or contour.

Service Connection

Advice from the Advocate

This is where I stop explaining the rules and tell you how I would build your Ankylosing Spondylitis claim if you were sitting across my desk. Read the causation notes below twice. The VA will not connect the dots for you, even though 38 CFR 3.159 says it has a duty to assist. Your job is to put the in-service event, the current diagnosis and the medical link on paper, then make the examiner deal with all three.

A veteran with the rigid posture characteristic of ankylosing spondylitis
The spine fuses over time. Once it starts, it does not stop, and the VA rates the fusion, not the disease process.

The advocate's notes on causation, Ankylosing Spondylitis

The separate arguments that decide this code: where the VA will attack, the regulation that answers it, and the evidence that closes the gap.

  1. 1The genetic argument, and why it does not defeat the claim

    The VA will point at HLA-B27 and say the disease is genetic. That is like saying a gunpowder explosion was caused by the gunpowder, technically true but incomplete. The gene is the susceptibility; the trigger is what matters. Under VA law, aggravation of a pre-existing genetic susceptibility by service is compensable. The question is not whether you carried the gene, but whether service activated the disease or made it worse.

  2. 2In-service onset, the back pain that would not stop

    Ankylosing spondylitis typically presents as chronic inflammatory back pain in the late teens to early 30s, prime service years. The early symptoms (morning stiffness, sacroiliac pain, fatigue) are often dismissed as overuse or "growing pains." If your records show chronic back pain in service that did not respond to conventional treatment, that pattern is consistent with early AS and supports in-service onset.

  3. 3The progression that cannot be reversed

    AS is progressive and irreversible. Once the spine starts to fuse, it does not stop. If the disease was triggered or aggravated during service, every degree of fusion that has occurred since is attributable to the service-connected condition. The current state of the spine, measured in how much of it has fused and what position it fused in, is the rating.

Exposure & Aggravation

How Ankylosing Spondylitis Connects To Military Service

A worn rucksack and combat boots, the miles of load-bearing duty behind joint and spine claims

The VA wants an in-service event, and most veterans think that means one dramatic injury. It does not. Years of duty that wore the body down count too, and under 38 CFR 3.306 a condition service made worse can still be connected. Find yourself in the list below, then put that duty in writing with dates, units and names. The board only weighs what you put on paper.

How veterans pick this up in uniform, Ankylosing Spondylitis

Ankylosing spondylitis is an autoimmune disease with a genetic basis (HLA-B27), not a mechanical injury. But military service can trigger it in a genetically susceptible individual, through extreme physical stress, infections acquired in theater, environmental exposures, and the chronic inflammatory state that combat and deployment produce. The question under VA law is not whether you carried the gene, but whether service activated the disease or accelerated its progression. If the first symptoms appeared during service or within a reasonable window after separation, the nexus points to service.

  • Ankylosing spondylitis is genetic (HLA-B27 positive) and autoimmune, it is not caused by lifting or rucking. The military connection is through triggering or aggravation: physical stress, infections, and environmental exposures in service can trigger the inflammatory cascade in a genetically susceptible individual.
  • Any MOS involving extreme physical stress: the chronic inflammation from overuse, injury, and recovery can trigger the autoimmune response in HLA-B27 positive individuals.
  • Combat and deployment stress: the systemic inflammatory response to combat stress, traumatic injuries, and infections acquired in theater can activate or accelerate the disease.
  • Environmental exposures: burn-pit exposure, contaminated water, and other toxic exposures have documented links to autoimmune activation.

Who is most prone to it

HLA-B27 positive individuals, the genetic marker is present in about 90% of AS patients. Military service does not cause the gene, but it can trigger the disease in someone who carries it. Men are affected more than women, and symptoms typically begin between ages 17 and 45, exactly the military service window.

The Symptoms

What Ankylosing Spondylitis Actually Feels Like

Read this list the way the examiner will. Every symptom you live with but never report is a symptom the VA treats as if it does not exist. The rating schedule pays for how Ankylosing Spondylitis affects your daily life and your work, so the details matter. Check off what matches your day, tell your doctor in those words, and make sure it lands in your treatment record before the exam.

A veteran in his 50s sitting alone in a dim room, staring ahead
  • Chronic inflammatory back pain that is worse in the morning and improves with activity
  • Progressive stiffness that begins in the sacroiliac joints and climbs the spine over years
  • Loss of motion that progresses to complete rigidity in the affected segments
  • Pain and swelling in the hips, shoulders, and peripheral joints (enthesitis)
  • Fatigue that is disproportionate to the level of activity
  • Chest wall stiffness that restricts breathing (costovertebral fusion)
  • Stooped posture, the classic "question mark" posture of advanced disease
  • Iritis or uveitis, inflammatory eye disease that accompanies the spinal condition
  • Pain at the entheses, where tendons and ligaments attach to bone
  • Night pain that wakes you in the early hours and requires movement to settle

How this one is rated

Rated on the General Rating Formula under 38 CFR §4.71a. But because ankylosing spondylitis fuses the spine, the relevant criteria are the ankylosis levels, not the range-of-motion thresholds that apply to non-fused conditions. Favorable ankylosis of the entire cervical spine = 30%. Unfavorable ankylosis of the entire cervical spine or favorable ankylosis of the entire thoracolumbar spine = 40%. Unfavorable ankylosis of the entire thoracolumbar spine = 50%. Unfavorable ankylosis of the entire spine = 100%.

What you are measured against

Ankylosis, the spine is fused in a fixed position. The determination is whether the fusion is favorable (functional position allowing the veteran to look forward at eye level, stand, and function with reasonable accommodation) or unfavorable (fixed in flexion or extension that impairs function). Unfavorable is rated higher.

Each One On Its Own Page

Secondary Conditions, Aggravated or Caused by a Current Service-Connected Condition

Under 38 CFR §3.310(a), a disability that is proximately due to a service-connected condition is service-connected in its own right, and under §3.310(b), so is any additional disability caused when a service-connected condition aggravates a problem you already had. Each condition below is a separate evaluation with its own diagnostic code and its own percentage. They do not fold into the ankylosing spondylitis rating, they stack on top of it. A veteran who claims only the primary condition leaves these ratings on the table.

Illustration of a veteran with altered gait from hip involvement in ankylosing spondylitis

Hip involvement, separately ratable joint disease

AS frequently attacks the hips, producing bilateral hip arthritis that is rated under the hip codes (DC 5250-5255). Each hip is rated separately, and the bilateral factor at §4.26 adds approximately 10% to the combined value. Hip replacement in an AS patient opens additional claims for surgical residuals.

A veteran in a car demonstrating the restricted thoracic rotation and breathing limitation of AS

Restrictive lung disease from chest wall fusion

Costovertebral fusion restricts chest expansion and produces a restrictive ventilatory defect that is ratable under the respiratory codes. Pulmonary function testing (PFTs) showing reduced FVC from chest wall restriction is the evidence that opens this secondary claim.

A veteran dealing with the mental health toll of chronic pain

Eye disease, depression and TDIU

Recurrent iritis/uveitis is rated under the eye codes. Chronic pain and progressive immobility drive depression (§4.130). When the fusion and its secondaries make you unemployable, TDIU under §4.16 compensates the total occupational loss. The combined rating of spine + hips + lungs + eyes + mental health frequently exceeds 100%.

Accredited Claims Agent #45147

Ready To Get This Rated Correctly?

You have read how the VA rates Ankylosing Spondylitis. Now the question is whether your file proves it. We represent veterans on a No Win, No Fee basis: 20% Direct-Pay paid by the VA from back pay, or 30% High-Complexity, and you owe nothing for representation if your rating does not increase. If you only need the roadmap, the Mission 5 Brief is a separate $750 flat fee. You bring the records, we build the argument.

Back, Neck & Spine, In Detail

Back, Neck & Spine, Service Connection In Depth

Here is each claimable condition in this group on its own terms, what it is, what service did to it, and what the VA requires before it will connect it.

Illustration of the kinetic chain showing how spinal strain radiates into secondary conditions
DC 5237

Cervical / Thoracic / Lumbosacral Strain

A strain is the diagnosis the VA hands out most and rates least. There is no scan that shows a strained muscle, no blood test, no fracture line. The entire evaluation is built from how far you can move, how much it hurts when you do, and whether the examiner can feel muscle spasm or guarding, a finding that alone can carry you from 10% to 20% without a single extra degree of lost motion. If your examiner skipped palpation, they destroyed half your evidence.

Read the full Spinal Strain page
An older veteran sitting on the edge of his bed hunched forward from degenerative disc disease
DC 5242

Degenerative Disc Disease (DDD) / Degenerative Arthritis of the Spine

The word "degenerative" makes VA examiners want to blame your age. Your job is to show the wear started in uniform. The occupational medicine literature on axial load, whole-body vibration and disc degeneration is clear, a career of parachute landings, tracked-vehicle jolts, and heavy rucking does not produce the same disc profile as a desk career, and it should not be rated the same way. Age is a factor in everyone; it is not an explanation.

Read the full Degenerative Disc Disease page
A veteran lying on the floor with legs elevated, the classic position for sciatica relief from a herniated disc
DC 5243

Herniated Disc / Intervertebral Disc Syndrome (IVDS)

A herniated disc is rated two ways and the VA must give you the higher one. The General Rating Formula rates on range of motion, and the Incapacitating Episodes Formula under DC 5243 rates on the total weeks of doctor-prescribed bed rest in the past 12 months. Most veterans do not know the second formula exists, and even fewer track the bed-rest weeks that would trigger it. Six weeks of prescribed bed rest in a year is worth 60%, regardless of how far you can bend.

Read the full Herniated Disc / IVDS page
A veteran sitting on a park bench rubbing his leg, showing neurogenic claudication from stenosis
DC 5238

Spinal Stenosis

Stenosis is the slow squeeze. The canal narrows over years, and the symptoms creep up until one day you realize you cannot walk a city block without stopping to lean on something. The classic sign, the "shopping cart" posture, leaning forward for relief, is so distinctive that clinicians name it. The VA rates stenosis on range of motion under the General Formula, but the real value in the claim lives in the nerve roots being compressed and the secondary conditions that compression produces.

Read the full Spinal Stenosis page
A veteran being helped carefully out of a car, showing guarded movement after a vertebral fracture
DC 5235

Vertebral Fracture

A vertebral fracture changes the geometry of the spine permanently. Even a "healed" compression fracture leaves the vertebra shorter, shifts the load to the levels above and below, and starts a cascade of degeneration that was not happening before the fracture. The General Rating Formula gives a baseline 10% for loss of 50% or more of vertebral body height, but the real value is in the downstream conditions the fracture sets off.

Read the full Vertebral Fracture page
Ankylosing Spondylitis, building the service connection record
DC 5240

Ankylosing Spondylitis

Ankylosing spondylitis is the spine condition that goes straight to the top of the schedule. When the spine fuses, favorable or unfavorable ankylosis, the rating is 30% to 100% depending on how much of the spine is involved and what position it fused in. The disease is progressive, it does not reverse, and the VA cannot rate a fused spine on range of motion it no longer has. The rating reflects the anatomical reality.

You are reading this page now

The C&P Exam

What To Expect At The Ankylosing Spondylitis Exam

This is the encounter your rating is built on. The examiner has a checklist and a limited window, what follows is exactly what happens in that room, so none of it surprises you.

Clinical Section, What To Expect at the Exam

The Ankylosis and Inflammatory Spine Examination, Diagnostic Codes 5236, 5239, 5240 and 5241

One word decides this exam, favorable or unfavorable, and the regulation defines it with a seven-item checklist almost no examiner works through.

For this group of conditions the exam turns on one word, ankylosis, and on the difference between favorable and unfavorable. That difference is worth entire rating levels, and the regulation defines it with a specific checklist the examiner is supposed to work through item by item. Most never do.

Condition

Ankylosing Spondylitis, DC 5240

Governing questionnaire

VA Form 21-0960M-14, Back (Thoracolumbar Spine) Conditions, and/or 21-0960M-13, Neck (Cervical Spine) Conditions

Click the form number to open the official questionnaire on VA.gov.

01In The Room

What happens during the exam

The tests and maneuvers for this condition

  • Sacroiliac provocation testing, FABER, sacroiliac compression and distraction, Gaenslen, with the side recorded.
  • Imaging review for sacroiliitis grading, syndesmophytes, bamboo spine and fusion levels.
  • Laboratory review for HLA-B27 status and inflammatory markers, ESR and CRP.
  • For spondylolisthesis and segmental instability, flexion and extension X-rays showing the slip grade and the millimetres of translation.
  • A direct check against each element of the unfavorable-ankylosis definition, line of vision, mouth opening and chewing, diaphragmatic respiration, gastrointestinal symptoms from costal margin pressure, dyspnea or dysphagia, atlantoaxial or cervical subluxation, and neurologic symptoms from nerve root stretching.

What gets measured, and to what number

Thoracolumbar spine, six planes

Forward flexion 0–90°, extension 0–30°, left and right lateral flexion 0–30° each, left and right lateral rotation 0–30° each. Normal combined range of motion is 240°.

Cervical spine, six planes

Forward flexion 0–45°, extension 0–45°, left and right lateral flexion 0–45° each, left and right lateral rotation 0–80° each. Normal combined range of motion is 340°.

Position of fusion

If a segment is fixed, the position it is fixed in must be recorded in degrees. Fixation of a spinal segment in neutral position, zero degrees, always represents favorable ankylosis.

Chest expansion

Measured in centimeters at the fourth intercostal space, because restricted expansion is a hallmark of ankylosing spondylitis and supports the breathing findings in the unfavorable-ankylosis definition.

Schober test

Modified Schober measurement of lumbar flexion, in centimeters, which tracks inflammatory spinal disease over time.

02Orientation

What to expect during this exam

What makes this exam different from every other C&P exam

1Favorable versus unfavorable is worth entire rating levels

Ankylosis means the segment is fixed. Favorable means it is fixed in a neutral, functional position. Unfavorable means it is fixed in flexion or extension with the specific consequences the regulation lists. The gap between the two is not a matter of degree, it is a jump of whole rating tiers, and "ankylosis: favorable" written with no explanation is the single most expensive line in this group of conditions.

2The unfavorable definition is a checklist, and it is testable

The regulation defines unfavorable ankylosis by concrete consequences, the line of vision restricted to 30 degrees or less, restricted mouth opening and chewing, breathing limited to diaphragmatic respiration, gastrointestinal symptoms from pressure of the costal margin on the abdomen, dyspnea or dysphagia, atlantoaxial or cervical subluxation or dislocation, and neurologic symptoms from nerve root stretching. Each item can be checked in a clinic. If the examiner did not walk the list, the exam is inadequate and you can say so in writing.

3This exam includes measurements no other spine exam uses

Inflammatory spinal disease brings in chest expansion in centimeters at the fourth intercostal space, the modified Schober test for lumbar flexion, sacroiliac provocation testing, sacroiliitis grading on imaging, and inflammatory laboratory markers. For spondylolisthesis, it adds flexion and extension X-rays to show the slip grade and the millimetres of translation. None of these appear on a routine strain exam.

See it before you sit in the room

Anatomical illustration of ankylosing spondylitis showing fused vertebrae forming the classic bamboo spine appearance
Once the spine fuses, range of motion stops being the question and the position of the fusion becomes the question, favorable versus unfavorable ankylosis is the difference between 40 and 100 percent.
Anatomical diagram showing normal cervical spine range of motion with flexion and extension arcs marked from 0 to 45 degrees
Normal cervical motion: flexion 0–45°, extension 0–45°, lateral flexion 0–45° each side, rotation 0–80° each side, combined 340°. Every neck rating is a subtraction problem against these numbers.

03Preparation

Know your symptoms and secondary factors

What the report must actually say about ankylosing spondylitis, dc 5240

  • Whether ankylosis is present, in which segment, and whether it is favorable or unfavorable using the regulatory definition rather than the examiner’s impression.
  • The position in degrees in which any fused segment is fixed.
  • Whether both the cervical and thoracolumbar segments are unfavorably ankylosed, which changes them from two ratings into one.
  • The systemic features of inflammatory disease, including uveitis, fatigue and peripheral joint involvement, which may be separately compensable.

Pain level, frequency, lost work and functional loss, how to say them

A veteran working through a written checklist before the C&P exam

Describe the morning stiffness and inflammatory pattern

The hallmark of AS is inflammatory back pain, worse in the morning, improves with activity, and is NOT relieved by rest. This pattern distinguishes it from mechanical back pain and is the key clinical feature the examiner should document. Quantify the morning stiffness: how many hours before you can move.

Mention the night pain that wakes you in the early hours, it is characteristic of inflammatory disease.

"I wake up at 3 or 4 AM because of the pain. It takes me two hours of moving around before I can function. Rest makes it worse, not better."

A veteran speaking with an examiner during a VA compensation exam

Report which segments have fused

Ankylosis, fusion, is where the high ratings live. If any segment of your spine has fused, the examiner must document it as favorable or unfavorable ankylosis. Favorable means you can still look forward and function. Unfavorable means the spine fused in a position that impairs function. The distinction is worth 10 to 50 percentage points.

Bring imaging showing fusion, the "bamboo spine" appearance on X-ray is diagnostic.

"My entire thoracolumbar spine has fused. I cannot bend forward or twist. The rheumatologist confirmed ankylosis on the last set of films."

Illustration of chest expansion measurement for ankylosing spondylitis assessment

Report chest wall stiffness

AS can fuse the costovertebral joints, where the ribs attach to the spine, restricting chest expansion and impairing breathing. This is a separately documentable finding that may warrant additional evaluation under the respiratory codes. Mention if you have difficulty taking a deep breath.

Chest expansion can be measured: normal is >5cm; restricted expansion is a diagnostic criterion for AS.

"I cannot take a full deep breath anymore. My chest feels like it is in a cage. The rheumatologist measured my chest expansion at 2 centimeters."

Illustration of a clinician assessing a veteran with ankylosing spondylitis, noting extra-articular manifestations

Mention eye inflammation (iritis/uveitis)

Iritis and uveitis, inflammatory eye disease, are extra-articular manifestations of AS that affect up to 40% of patients. Each episode is documentable and supports the diagnosis. If you have had red, painful eyes with light sensitivity, report it, it is not a coincidence, it is the same disease.

Bring ophthalmology records documenting any episodes of iritis or uveitis.

"I have had three episodes of iritis, my left eye gets red, painful, and light-sensitive. My rheumatologist says it is part of the ankylosing spondylitis."

A physician reviewing service records while writing a medical opinion

Report peripheral joint involvement

AS does not stay in the spine. Hips, shoulders, and entheses (tendon attachment points) are commonly affected, and each is a separately ratable condition. Heel pain (Achilles enthesitis), hip stiffness, and shoulder restriction all flow from the same disease and are all compensable under §3.310.

Describe each joint that has been affected and when the symptoms started relative to the spinal symptoms.

"My hips are stiff and painful, the rheumatologist says it is the AS. My Achilles tendons are inflamed on both sides. These started about two years after the back symptoms."

Secondary conditions to raise in the same appointment

Every secondary condition laid out in the Secondary Conditions section above belongs in this same appointment. Name each one out loud, tell the examiner how the primary condition caused it or made it worse, and ask that it be noted in the report. Under 38 CFR 3.310, a secondary condition the examiner never hears about is a secondary condition the VA never rates. Bring your list on paper so nothing gets left in the parking lot.

What to expect at this specific exam

  • Bring your rheumatology records, including HLA-B27 status, ESR and CRP results, and any imaging graded for sacroiliitis.
  • Report the systemic features, uveitis or iritis, fatigue, peripheral joint swelling, morning stiffness lasting over an hour. Several are separately compensable.
  • If a segment is fused, ask that the position it is fixed in be recorded in degrees, not described in words.
  • Ask that chest expansion be measured. It takes thirty seconds and it supports the breathing element of the unfavorable definition.

04The Protocol

What procedures are required during the exam

These are not courtesies. Each comes out of the regulation or out of binding case law. Take this list in with you and tick them off as they happen.

Clinical illustration of assessing spinal fusion and ankylosis in ankylosing spondylitis
Fig. 01, Range of motion or ankylosis determination

01Range of motion or ankylosis determination

38 C.F.R. §4.71a

If the spine still has measurable motion, six-plane goniometer ROM is required. If segments have fused, the examiner must document ankylosis and classify it as favorable or unfavorable, the position the spine fused in determines the rating level. A fused spine cannot be measured on ROM; it is measured on function.

The favorable/unfavorable distinction is worth 10-50 percentage points. Unfavorable ankylosis of the entire spine = 100%.

Illustration of laboratory testing for inflammatory markers in ankylosing spondylitis
Fig. 02, HLA-B27 and inflammatory marker testing

02HLA-B27 and inflammatory marker testing

38 C.F.R. §4.71a, DC 5240

HLA-B27 genetic testing, ESR, CRP, and other inflammatory markers confirm the diagnosis and document disease activity. Active inflammation (elevated ESR/CRP) supports the argument that the disease is ongoing and worsening.

The laboratory evidence confirms the autoimmune nature of the disease and distinguishes it from mechanical spine conditions that the VA rates differently.

A veteran organizing health records to bring to the exam
Fig. 03, Imaging, X-ray and MRI of the spine and sacroiliac joints

03Imaging, X-ray and MRI of the spine and sacroiliac joints

38 C.F.R. §4.71a

X-rays show the classic bamboo spine appearance of advanced AS and sacroiliac joint fusion. MRI can detect early inflammatory changes (bone marrow edema) before fusion is visible on X-ray, critical for early-stage claims.

Imaging progression (comparison films) documents the irreversible nature of the disease and supports increased ratings over time.

A veteran and a physician discussing symptoms in an exam room
Fig. 04, Chest expansion measurement

04Chest expansion measurement

38 C.F.R. §4.97

The examiner measures chest expansion at the nipple line during maximal inspiration. Normal is >5cm. Reduced expansion (<2.5cm) is a diagnostic criterion for AS and supports a secondary respiratory claim.

Chest wall fusion from AS produces a restrictive ventilatory defect that is separately ratable. The measurement is quick and the secondary claim is high-value.

05The Standard

What makes an exam adequate

Read your exam report against these. An exam that fails the standard is legally inadequate, and an inadequate exam is something you challenge rather than accept.

01

The range of motion has to be MEASURED, not estimated

38 CFR §4.46 states that the use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. An examiner who eyeballs your bend and writes a number has not complied with the regulation. This is the most common defect in a spine exam and it is the easiest one to spot from the chair.

02

Joints must be tested in every required condition

Under Correia v. McDonald, a joint examination for pain must, wherever possible, record active motion, passive motion, motion in weight-bearing and motion in non-weight-bearing, and where relevant, the range of the opposite undamaged joint. An exam that records one set of numbers and stops is incomplete on its face, and that incompleteness is grounds to challenge it.

03

Flare-ups have to be addressed, not dodged

Under Sharp v. Shulkin, when a veteran describes flare-ups, the examiner is obligated to estimate the additional loss of motion during a flare based on all the available evidence, including your own account of it. "I cannot opine without resorting to mere speculation" is not automatically acceptable; the examiner has to have actually sought the information first and explained why an estimate is impossible.

04

Repetitive use and functional loss must be factored in

Sections 4.40 and 4.45, and the DeLuca line of cases, require that pain, weakness, fatigability, incoordination and lack of endurance after repeated use be considered, and expressed in additional degrees of lost motion where that is feasible. Your rating is supposed to reflect what you can do on the fifth repetition and on a bad day, not just the first careful bend of the morning.

05

Neurological findings must be separately documented

Note (1) to the General Rating Formula requires that any associated objective neurologic abnormality be evaluated separately under an appropriate diagnostic code. If your leg symptoms were mentioned in the narrative but never tested and never assigned, the exam did not do what the schedule requires of it.

06

The examiner must review the record when the question requires it

Where a medical opinion on cause, aggravation or a secondary relationship was requested, the examiner is expected to review the relevant evidence and give a reasoned explanation. A bare conclusion, "less likely than not related to service" with no reasoning attached, carries little weight, and an opinion with no rationale is challengeable.

07

The examiner has to be qualified for the body system

The VA may use its own clinicians or a contract vendor. Either way, the examiner is expected to have the competence to evaluate the system being examined. If a spinal exam with a neurological component was performed by someone who never tested a reflex, that is a problem worth raising.

08

The exam has to be CURRENT

A rating is supposed to reflect your condition now. An exam performed before a documented worsening, or years before the decision, may not support the current evaluation, and you can request a new one on that basis.

06Afterward

What happens after your exam is complete

The examiner writes the report and submits it, it is reviewed for completeness, and only then does the claim move toward a rating decision. Here is what actually controls the clock.

Examiner at a desk completing and submitting the exam questionnaire
01

The examiner writes and submits the report

Days 1–5 after the exam

The examiner compiles the history, the physical findings, the measurements and any testing into the questionnaire, adds any requested medical opinion, and submits it. Contract vendors typically have a turnaround requirement measured in days, not weeks.

Nothing about your claim moves while this is happening, and nothing you do speeds it up. What matters is that the report is written from notes taken in the room, which is exactly why what you said, and how the examiner recorded it, is already locked in by the time you get to your car. Request your copy now rather than later.

Reviewer flagging an incomplete field and sending the exam report back to the examiner
02

Quality review, and the request for clarification

Days 3–30

The report is reviewed for completeness. If it is internally inconsistent, missing a required field or missing the opinion the VA asked for, it goes back for correction or a second opinion. This is the single most common cause of a claim appearing to stall after the exam.

Understand what a finished exam actually means: it means the appointment happened, not that your claim is ready for a decision. If the reviewer finds a blank range-of-motion field, an opinion that does not answer the question that was asked, or findings that contradict each other, the file goes back out for more information. That is a normal quality control step, not a rejection of your claim, and it is not a sign that you did something wrong, but it does add weeks, and it is the reason so much of what you read online sounds like the system is broken.

Claim status tracker on a screen showing the progress bar jumped backward from a late step to an early step
03

Your status tracker moves backward, and it is usually not bad news

Any time after the exam

The online tracker shows eight steps. Veterans watch it reach step 7 or 8, then find it back at step 3 or 4 a week later. That regression almost always means one thing: the file went back for additional information, most often a returned or clarified exam.

This is the number one thing veterans panic about, and it is misread constantly. The tracker is not a countdown, it is a location marker. When the VA decides it needs one more piece of evidence, a corrected exam, a clarifying medical opinion or an outstanding record, the claim is routed back to the evidence gathering step and the bar redraws itself where the file physically is. It does not mean a denial. It does not mean your case was thrown out or restarted. It does not erase anything already in the file, and it does not change your effective date. What it does mean is that something in the record was not good enough to decide on yet, which is worth knowing, because if the weak link is the exam, this is the window where a corrective statement or a private opinion from your own doctor does the most good.

Medical records folders being handed across a counter as the evidence gathering window closes
04

Evidence gathering closes

Varies

Before anyone rates your claim, the file has to be built. This is the stretch where the Regional Office pulls together everything the decision will rest on: your service treatment records, your VA medical records, any federal records, the C&P exam report, and any private records it has requested on your behalf. The claim sits here until the VA is satisfied the record is complete enough to decide, which is exactly why a status tracker can appear to stall or slide backward at this step. You are not powerless while it sits here. Anything you put into the file yourself lands the day you send it, and every relevant record you add now is one less thing the rater can later say was missing.

A VA request to a private provider is a letter that may or may not be answered, and the VA will wait on it for weeks before moving on, sometimes without ever getting a response. A record you walk in yourself, or upload through your claim, is in the file the day you send it. So do not sit and wait to be asked. If you know a treatment record, an imaging report, a surgical note or a buddy statement exists and it matters, send it now, with a VA Form 21-4138 statement that explains in plain words what the document is and what it shows. This is also the window where a corrective statement or a private medical opinion from your own doctor does the most good, before the rater has locked in a decision, not after. Once the evidence gathering step closes, the file goes to a rating specialist, and your chance to shape the record cheaply and quickly closes with it.

Rating specialist applying the rating schedule to a file and producing the decision letter
05

Rating decision and promulgation

Typically several weeks after the last piece of evidence lands

This is the stage where your evidence finally becomes a number. A rating specialist, not the examiner, and not a doctor, takes everything in the file and applies the rating schedule to it: the exam findings, your range-of-motion measurements, your lay statements, your private records and any medical opinions. They assign a diagnostic code to each condition, pull a percentage from the schedule, set your effective date, and either grant, deny or defer each issue. The decision is then reviewed and authorized, promulgation is simply the VA’s word for making it official, and the decision letter and code sheet are generated and mailed. Where an award is made, payment follows the effective date rules, and back pay is calculated to that date.

Read the code sheet, not just the percentage. It names the diagnostic code used, the exact measurements relied on and the effective date assigned, and that is where most mistakes live. This is a human being reading a file under a production quota, and the two things that go wrong most often are a rater using the pre-repetition range-of-motion numbers instead of the worst-case figures §4.59 and §4.40 require, and a claimed condition being decided on a thin record or quietly left out. Check whether painful motion was accounted for, whether your radiculopathy was rated separately under Note (1) or folded into the spine rating, and whether every condition you claimed was actually addressed. A decision you do not read is a decision you cannot challenge, and the deadline to challenge it starts the day the letter is dated, not the day you understand it.

Opened rating decision letter with a magnifying glass over the reasons for decision section
06

C&P examination is the decision letter

The day it lands in your mailbox

The envelope holds two different documents: the narrative decision letter, and the code sheet. Together they are the single most important piece of paper in your claim, because every deadline, every appeal option and every dollar of back pay is set by what is printed on them, not by what you were told at the exam.

Most veterans read one thing on that letter: the percentage. Then they either celebrate it or get angry at it, and file it in a drawer. That is the mistake. The percentage is the conclusion; the reasons section is the reasoning, and the reasoning is what you attack. It tells you which diagnostic code the rater used, which range-of-motion figures they relied on and which they ignored, whether painful motion under §4.59 was accounted for, whether your neurological findings were rated separately under Note (1) or folded into the spine rating, which conditions were decided, which were deferred, and which were never addressed at all. It also assigns your effective date, which controls back pay. A rating that looks low is very often not a disagreement about how bad your neck is, it is a rater who used the pre-repetition numbers, or missed the radiculopathy, or rated one side and not both. You cannot see any of that from the percentage. Do not go by the percentage alone, and do not decode it by yourself if you are not sure what you are looking at, have someone who reads these for a living read it with you before the clock runs out. You have one year from the date on that letter to file a Higher-Level Review (VA Form 20-0996), a Supplemental Claim (VA Form 20-0995) or a Board appeal, and the deadline runs from the date printed on the letter, not the date you opened it. Bring it to this office and we will go through it line by line, at no cost, and tell you plainly whether it is right.

What normal looks like: 30 to 60 days for a simple claim, longer for a complex one

After your exam you should expect some kind of notification from the VA, a decision, a request for more information, or a notice that another exam has been scheduled. For a straightforward, single-issue claim that often lands within 30 to 60 days. But 30 to 60 days is a rough guide, not a rule, and it is not a ceiling. A claim with several conditions, a toxic-exposure or presumptive question, a returned exam, or missing records routinely takes 90 days or more, and that alone does not mean anything is wrong, the more moving parts your case has, the longer the VA takes to work it. Inside the window that is normal for a case like yours, silence is expected and there is nothing to fix, and a tracker that jumps backward is normal too.

What matters is not a fixed number of days, it is whether the claim is still moving and whether you can get a straight answer about where it is. Once you are well past what is normal for a case like yours and the VA either goes silent or cannot tell you what the claim is waiting on, stop waiting. That is usually where the real trouble hides, an exam that came back twice, a records request that was never answered, a claimed condition that got dropped, or a file sitting in the wrong queue. Call the VA at 800-827-1000, ask specifically what the claim is waiting on and who it is assigned to, and write down the answer. If you cannot get a straight answer, or the answer tells you the exam is the problem, that is the moment to bring it to this office rather than sitting on it for another three months. Problems raised early get fixed inside the claim. Problems discovered in a denial letter get fixed on appeal, and that costs you a year.

Other things that control the clock

Six things decide how long you wait, and none of them are visible from the tracker alone.

VA claim status page on a monitor showing an average days to complete figure with a trend line that changes month to month
01

The average is a moving number

Check it at the source, not second-hand

The VA publishes an average days-to-complete figure for disability claims that moves month to month; check the current number on the VA’s own claim status page rather than relying on any second-hand figure. In practice, most veterans see a decision somewhere between roughly three and eight months from the date the claim was filed, with the exam usually falling in the middle of that window.

Process pipeline showing the exam marked complete at the start followed by evidence gathering, rating decision and authorization still ahead
02

The exam is not the last step

Three stages still sit in front of you

The exam is not the last step. The clock does not start at the exam and it does not stop there either, the claim still has to clear evidence gathering, the rating decision and authorization.

Exam report stamped returned for clarification beside a claim tracker whose progress bar is moving backward
03

A returned exam is the invisible delay

The reason a tracker slides backward

A returned or clarified exam is the most common invisible delay, and it is why a tracker can slide backward. Expect some contact from the VA within 30 to 60 days of the exam. Past 60 days with nothing at all, call and ask specifically what the claim is waiting on.

Calendar with days 30 through 60 shaded as the normal window and everything past day 60 shaded red beside the VA benefits phone number
04

30 to 60 days is a guide, not a deadline

A complex case can take 90 days or more

Thirty to sixty days is a rough average for a simple, single-issue claim, not a hard rule and not a ceiling. A claim with several conditions, a presumptive or toxic-exposure question, a returned exam, or missing records can easily take 90 days or more, and that alone does not mean anything is wrong. Watch whether the claim is still moving, not the calendar. Only when it stalls well past what is normal for a case like yours, and no one can tell you what it is waiting on, should you stop waiting, call 800-827-1000 and ask what the claim is waiting on and who it is assigned to.

Three ways to track a claim shown side by side: the VA.gov claim status page, the VA Health and Benefits mobile app, and the benefits telephone line
05

Watch your status yourself, in one of three places

Weekly, not daily

Check your own status in one of three places: your VA.gov claim status page, the VA Health and Benefits mobile app, or by calling 800-827-1000. Check it weekly, not daily. And understand exactly what a status check can tell you: if a decision is posted in your account, it is live; if it is not posted, it is not ready. That is the whole rule. This is not something your representative or your attorney can speed up, we see the same thing you see, at the same time, and calling us to ask does not move it. Calling the VA to ask for an update does not move it either. Watch it yourself, weekly, and the moment a decision posts, bring it to us.

Flat infographic of a VA rating decision letter held beside a calendar stamped ONE YEAR TO APPEAL, with the three appeal lanes, Higher-Level Review, Supplemental Claim and Board Appeal, labeled below
06

Your decision letter arrives, read it, then start the appeal clock

What to do the day it lands in your mailbox

The decision letter is the finish line of the claim and the starting line of the appeal, and the moment it arrives, a one-year clock starts running. Read it the same day. Find the combined rating, the percentage assigned to each condition, and the effective date, because the effective date controls how far back your back pay reaches. Then request a copy of your C&P exam report so you can see whether the rater used your real range-of-motion numbers or ignored the radiculopathy. If any part of the decision is wrong, a low rating, a denied condition, or a bad effective date, you have three appeal lanes, and you must choose one within one year of the date printed on the letter: a **Higher-Level Review (VA Form 20-0996)**, where a senior reviewer re-decides on the same evidence; a **Supplemental Claim (VA Form 20-0995)**, when you have new and relevant evidence such as a private DBQ or your own range-of-motion exam; or a **Board Appeal (VA Form 10182)** to a Veterans Law Judge. Miss that one-year deadline and the decision becomes final. You can still file again later, but you lose the original effective date, and that lost time is lost back pay you never get back. Bring the letter to this office before the year runs out and we will read it with you, line by line, at no cost.

07Remedy

How to report a bad exam

Where this exam goes wrong

Writing "ankylosis: favorable" with no explanation is the defect that costs veterans the most in this group. Unfavorable ankylosis has a seven-item definition in the regulation. If the examiner did not walk the list, the exam is inadequate and you can say so.

Flat infographic of a hand writing exam notes on a notepad inside a car with a clock recording the time
01

Write it down the moment you get to your car

Date, start time, end time, the examiner’s name and credentials, the vendor, every test that was performed, and every test that was not. A contemporaneous note written the same day is evidence. A memory reconstructed four months later is not.

Flat infographic of a C&P exam report and a DBQ questionnaire being requested through VA.gov and by phone
02

Get the exam report and the questionnaire

Request a copy through VA.gov, through a written request to the Regional Office, or by calling 800-827-1000. You cannot challenge what you have not read. Compare it line by line against what actually happened in the room.

Flat infographic of a magnifying glass over a document with a defect circled in red and a regulation citation tag
03

Name the defect specifically, with the citation

Never write "the exam was unfair." Write "no goniometer was used, contrary to 38 CFR §4.46" or "flare-ups were reported and not addressed, contrary to Sharp v. Shulkin" or "repetitive use testing was not performed, contrary to 38 CFR §4.40 and DeLuca." A specific, citable defect is what forces action.

Flat infographic of VA Form 21-4138 Statement in Support of Claim being submitted with an upload arrow
04

Submit a statement asking for a new examination

VA Form 21-4138, Statement in Support of Claim, filed through VA.gov or mailed to the Evidence Intake Center. State the defect, cite the authority, and request a new or supplemental examination. Do this BEFORE the decision if the claim is still open, it is far easier than undoing a decision afterward.

Flat infographic of two separate tracks, one labeled Patient Advocate for conduct and one labeled Exam Adequacy
05

Report examiner conduct separately

If the problem is behavior rather than methodology, you were rushed out, dismissed, never touched, or treated with hostility, file a complaint with the VA facility’s Patient Advocate, or with the vendor directly for a contract exam, and copy the Regional Office. Conduct complaints and adequacy challenges are two different tracks and you can run both.

Flat infographic of a signpost forking between Higher-Level Review 20-0996 and Supplemental Claim 20-0995
06

If a decision has already issued, pick the right lane

A Higher-Level Review (VA Form 20-0996) argues the VA erred on the evidence it had, the right vehicle when the exam was inadequate on its face. A Supplemental Claim (VA Form 20-0995) is the vehicle when you are adding new and relevant evidence, such as your own private range-of-motion examination or a completed DBQ from your treating provider.

Flat infographic of a goniometer measuring a joint angle beside a completed DBQ showing range-of-motion degrees
07

Put your own measurements on the table

A private examination with full goniometric measurements, or a DBQ completed by your own provider, creates a conflict in the evidence that the VA has to resolve, and under 38 CFR §3.102 reasonable doubt is resolved in your favor.

End of clinical section

Ankylosing Spondylitis, DC 5240

See It Before You Sit In The Room

Ankylosing Spondylitis, Understanding the Disease

Nucleus Medical Media

Spine Conditions and the VA Rating System

Veritas Health

The Questions Veterans Actually Ask

Ankylosing Spondylitis Claims, Frequently Asked Questions

Straight answers to the questions that decide ankylosing spondylitis claims, the ratings, the separate evaluations, and the exam mistakes that cost veterans money. Read every answer with your own file open. If an answer depends on a record you do not have yet, that is the next thing to request, from your doctor, your unit or the VA itself.

Ankylosing spondylitis under DC 5240 can reach 100% for unfavorable ankylosis of the entire spine, and AS is the condition most likely to actually produce that finding, because it literally fuses the spine. The combined rating with hip involvement, respiratory restriction, and eye disease frequently exceeds schedular total disability.

An older veteran sorting his medical records into a binder at his desk
Your responsibility as a veteran

Your Part in This Is Not Optional

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:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

Choose Your Service

The Three Services

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.

An accredited claims agent and a veteran reviewing a clean, single-issue appeal together
Option 1

Standard Direct-Pay Representation

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.

See full details
An advocate reviewing a veteran's decade-deep claims file
Option 2

High-Complexity Representation

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.

See full details
A forensic file audit in progress
Option 3

Mission 5 Intelligence Brief

$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 details

The 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.

Denied or under-rated?

Talk to a VA-accredited claims agent about your claim

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.

702-992-4883

Mon–Fri, 11AM–6PM Pacific

Questions are always free. The Mission 5 Brief is $750 flat.