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The VA DisabilityADVOCATE

What The VA Won’t Put In Writing

Declassified

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 vertebral compression fracture showing loss of vertebral body height and wedging
Back, Neck & Spine, all conditions
DC 5235 · #45147

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.

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.

The Law That Governs This38 CFR §3.303, Direct Service Connection38 CFR §3.310, Secondary Service Connection38 CFR §4.3, Reasonable DoubtDC 5235, 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. Vertebral Fracture 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.

Read the full page

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.

Read the full page

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.

Read the full page

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.

Read the full page

DC 5235

Vertebral Fracture, organizing the records that support the claim

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.

You are reading this page

DC 5240

Anatomical illustration of a spine with ankylosing spondylitis showing progressive vertebral fusion and bamboo spine appearance

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.

Read the full 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 vertebral fracture is.

Service connection for Vertebral Fracture: the link between your service record and a current diagnosis

For Vertebral Fracture Specifically

For a vertebral fracture claim, the VA needs a confirmed diagnosis of fracture at a specific vertebral level, ideally documented in service treatment records, a post-deployment imaging report, or a VA examination, tied directly to an identifiable in-service traumatic event such as a blast, vehicle rollover, parachute landing, or fall from height. The rating under DC 5235 and the General Rating Formula at 38 CFR §4.71a keys first on range of motion loss measured in degrees, then on the structural finding of vertebral height loss of 50% or more, which earns a baseline 10% regardless of motion, but that floor is often where veterans get stuck if they stop there. The real rating leverage comes from documenting every downstream consequence: radiculopathy rated separately under the appropriate neurological diagnostic code, adjacent-level degeneration as a secondary condition under 38 CFR §3.310, and progressive kyphosis as an additional manifestation of the same injury. M21-1, Part III, Subpart iv, Chapter 4, Sections A–B (Musculoskeletal Conditions) requires the rater to consider all residuals of the fracture, not just the fracture itself, so if your C&P examiner only measures motion and ignores the structural deformity and nerve involvement, that examination is inadequate and you should challenge it.

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, vertebral compression fracture. 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 adjacent-level degeneration, nerve compression, and chronic-pain depression that a vertebral fracture drives 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.

A veteran who reports back pain after a blast or fall but has no imaging in the record confirming a fracture at a specific level cannot be rated under DC 5235, the VA will rate generically under the General Rating Formula at best, and will miss the structural finding that unlocks the 10% floor for height loss. The fracture must be named, leveled, and measured, 'back pain' or 'spinal injury' in the treatment record is not enough. If service records are lost or incomplete, a nexus opinion from a private physician reviewing available evidence and explaining why the fracture is at least as likely as not related to the in-service event is the only way to bridge that gap.

The condition must be chronic.

A vertebral fracture does not resolve, the structural deformity is permanent, but veterans lose claims when the record goes silent after the acute injury and there is no documented history of ongoing symptoms, follow-up imaging, or treatment. The VA looks for a continuing clinical picture connecting the in-service fracture to current complaints, and a gap of years with no medical records can be used to argue the condition is not chronic or not currently disabling. Serial imaging showing persistent height loss, kyphotic angulation, or adjacent-level degeneration is the strongest evidence of chronicity because it is objective and cannot be dismissed as subjective complaint.

It must cause actual impairment.

Under DC 5235 and 38 CFR §4.1 and §4.10, the rating must reflect actual functional impairment, a fracture that healed with minimal height loss and full range of motion can be rated 0%, which is a service-connected finding that pays nothing. The zero-percent trap is real: if the C&P examiner records full or near-full range of motion and does not document the structural deformity, spasm, pain on motion, or neurological findings, the rating formula produces 0%. Pain on motion, painful arc of motion, and muscle spasm must be documented at the examination under the *DeLuca* factors, if the examiner does not test for them, the exam is inadequate.

What this means for you before you file: Before you file, get current imaging, X-ray or MRI, that documents the fracture level, the degree of height loss, and any kyphotic angulation, and pair it with a private nexus opinion that connects the fracture to the specific in-service event if your service records do not do that work explicitly. Line up every downstream condition, radiculopathy, adjacent-level degeneration, stenosis, as separate claims under §3.310 so the VA is forced to rate each one individually. 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, Vertebral Fracture, Diagnostic Code 5235

The General Formula applies. The fracture-specific 10% criterion for ≥50% height loss is unique to this code. Progressive height loss on serial imaging can support increased ratings over time.

How the VA rating schedule turns vertebral fracture findings into a percentage

100%

Unfavorable ankylosis of the entire spine.

50%

Unfavorable ankylosis of the entire thoracolumbar spine.

40%

Forward flexion of the thoracolumbar spine 30° or less; or 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 thoracolumbar ROM ≤120°; or combined cervical ROM ≤170°; or spasm/guarding producing abnormal gait or abnormal spinal contour.

10%

Forward flexion of the thoracolumbar spine >60° but ≤85°; or cervical >30° but ≤40°; or combined thoracolumbar/cervical ROM within specified ranges; or spasm/guarding/tenderness not producing abnormal gait or contour; or vertebral body fracture with loss of 50% or more of height.

Service Connection

Advice from the Advocate

This is where I stop explaining the rules and tell you how I would build your Vertebral Fracture 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.

X-ray showing a vertebral compression fracture with visible wedging of the vertebral body
The fracture heals but the vertebra never returns to its original height. The mechanical consequences are permanent.

The advocate's notes on causation, Vertebral Fracture

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 blast fracture that was never diagnosed

    Compression fractures from blast exposure are frequently missed on the initial post-blast evaluation, the adrenaline masks the pain and the field X-ray (if one was taken) may not show the fracture. Years later, a routine film shows a wedged vertebra and the VA says "that could have happened anytime." The fix: comparison imaging. If you have any pre-blast imaging (even a chest X-ray that catches the thoracic spine), the height difference proves the fracture happened after the blast.

  2. 2The combat presumption, §3.304(d)

    If you were in combat and the fracture is consistent with the type of combat you experienced, 38 CFR §3.304(d) presumes the injury occurred in service unless there is clear and convincing evidence to the contrary. That is a high bar for the VA to meet. Blast injuries, vehicle rollovers, and combat falls all qualify. The combat presumption is the strongest nexus tool in the regulation.

  3. 3Adjacent-level degeneration, the fracture that keeps paying

    A vertebral fracture changes the biomechanics of the entire segment. The levels above and below the fracture absorb uneven load and degenerate faster, a documented phenomenon called adjacent-segment disease. Under §3.310(b), the accelerated degeneration at those levels is compensable as aggravation, and it earns its own separate rating.

Exposure & Aggravation

How Vertebral Fractures Happen In 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, Vertebral Fracture

A vertebral fracture is a force event, blast, fall, crash, or axial impact. The spine absorbs the force, and the vertebral body cracks. In the blast-injury era, these fractures are endemic and frequently undiagnosed at the time of the event. The veteran walks away, the adrenaline wears off, and months or years later imaging shows a wedged vertebra that was never in the record. But the fracture was there, and the downstream degeneration it caused has been progressing since the day it happened.

  • Blast exposure: IED blasts, mortar and rocket impacts, and any event producing a vertical shockwave through the spine. Blast-induced vertebral fractures are the signature injury of the GWOT era.
  • Airborne and Air Assault: parachute malfunctions, partial chute deployments, and hard landings, each a massive axial compression event.
  • Vehicle rollovers and crashes: MRAPs, HMMWVs, and tactical vehicles produce violent axial and rotational forces on the spine during rollover events.
  • Falls from height: rooftop operations, rappelling accidents, falls from vehicles, and shipboard falls down ladderwells.
  • Training injuries: fast-rope failures, obstacle course falls, and heavy-drop equipment strikes.

Who is most prone to it

Anyone in a blast zone, anyone who jumped, and anyone who rode in a tactical vehicle in a combat zone. Vertebral fractures from blast exposure are frequently missed on initial imaging and found years later on routine films, the fracture was there all along, undiagnosed.

The Symptoms

What Vertebral Fracture 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 Vertebral Fracture 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
  • Acute onset of severe localized back pain after a blast, fall, or impact event
  • Loss of height, measurable on serial imaging as the vertebra collapses
  • Progressive kyphosis, a rounding of the back as the fractured vertebra wedges
  • Point tenderness directly over the fractured level
  • Pain that worsens with any axial load, standing, walking, carrying
  • Spasm and guarding around the fracture site
  • Radiating pain if bone fragments or deformity compress a nerve root
  • Difficulty standing upright, the deformity pulls you forward
  • Chronic pain at the fracture site that persists years after "healing"
  • Accelerated degeneration at the levels above and below the fracture

How this one is rated

Rated on the General Rating Formula, same ROM thresholds as all spine conditions. The fracture-specific provision: the 10% level includes "vertebral body fracture with loss of 50 percent or more of the height." That means even with full ROM, a demonstrable height loss on imaging is worth 10%. The secondary conditions, nerve compression, adjacent-level degeneration, kyphotic deformity, drive the rating higher.

What you are measured against

Same motion thresholds as all spine conditions, plus imaging showing vertebral body height loss. Comparison films (pre-fracture vs. current, or serial imaging showing progressive collapse) are the evidence that quantifies the height loss.

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 vertebral fracture rating, they stack on top of it. A veteran who claims only the primary condition leaves these ratings on the table.

How one injured joint shifts strain onto the rest of the body

Adjacent-level degeneration

A fractured vertebra changes the load distribution across the entire segment. The levels above and below absorb uneven force and degenerate faster, adjacent-segment disease. Under §3.310(b), the accelerated degeneration is compensable as aggravation and earns its own separate rating.

Illustration of nerve root compression from vertebral fracture deformity

Nerve compression from fracture deformity

Bone fragments, progressive collapse, or kyphotic deformity can compress nerve roots, producing radiculopathy rated separately under the peripheral nerve codes. Each affected nerve is its own claim under §3.310(a).

A veteran demonstrating the functional limitations and daily life impact of a vertebral fracture

Chronic pain, depression and TDIU

A vertebral fracture that never stops hurting drives depression, sleep disruption, and progressive deconditioning. When the fracture and its secondaries make you unemployable, TDIU under §4.16 compensates the total occupational loss. Document every job task the fracture has eliminated.

Accredited Claims Agent #45147

Ready To Get This Rated Correctly?

You have read how the VA rates Vertebral Fracture. 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 a veteran carrying a heavy ruck with load vectors showing spinal compression
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
Vertebral Fracture, building the service connection record
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.

You are reading this page now

A veteran in a car struggling to turn, showing the restricted rotation of ankylosing spondylitis
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.

Read the full Ankylosing Spondylitis page

The C&P Exam

What To Expect At The Vertebral Fracture 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 Vertebral Fracture Examination, Diagnostic Code 5235

The one spine rating decided by a ruler on an image, and the measurement examiners routinely refuse to go get.

A fracture claim carries something no other spine condition has, a rating criterion that is settled entirely by a ruler on an image. Vertebral body fracture with loss of 50 percent or more of the height is worth 10 percent on its own, regardless of how well you move. The examiner has to go get that measurement.

Condition

Vertebral Fracture, DC 5235

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

  • Review of the original injury imaging and of the most recent imaging, side by side, so progression is on the record.
  • Documentation of surgical hardware, fusion levels and post-surgical residuals including scars, which are separately compensable.
  • Neurologic examination for any deficit caused by the fracture or by retropulsed fragments.
  • Repetitive-use testing and a flare-up estimate, as with any spine condition.

What gets measured, and to what number

Vertebral body height loss

Measured as a percentage of the original body height on X-ray, CT or MRI. Fifty percent or more of height loss supports the 10 percent criterion in the formula.

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°.

Deformity

Kyphotic angulation, wedging, retropulsion of fragments and any fixed abnormal contour, described and measured.

02Orientation

What to expect during this exam

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

1There is a rating criterion here that motion cannot touch

Vertebral body fracture with loss of 50 percent or more of the height is worth 10 percent on the General Rating Formula on its own, whatever your range of motion is. It is the only criterion in the entire spine formula that is settled by measuring an image instead of measuring a body. If nobody opens the imaging and calculates the percentage, that criterion cannot be applied.

2"Old healed fracture" is a non-answer

Healed is not the question. The questions are how much height that vertebral body lost, at which level, what angle the spine healed into, and whether the resulting contour is abnormal. A one-line note saying the fracture is old and healed satisfies none of them, and it is the most common defect in this exam.

3Surgery adds separately compensable residuals

If the fracture was fused or instrumented, the exam has to capture the fusion levels, whether any segment is now ankylosed and in what position, hardware complications, and the surgical scars, which are rated on their own under the skin codes. Fusion also changes the analysis from limitation of motion to ankylosis, which pays on a different and higher part of the scale.

See it before you sit in the room

Anatomical illustration of a vertebral compression fracture showing measured loss of vertebral body height
Diagnostic Code 5235 turns on measured height loss. Fifty percent or more loss of vertebral body height carries its own 10 percent minimum, a figure that lives in the radiology report, not in the exam room.

03Preparation

Know your symptoms and secondary factors

What the report must actually say about vertebral fracture, dc 5235

  • The exact percentage of vertebral body height lost, and at which level.
  • Whether the fracture healed in a position that produces an abnormal spinal contour.
  • Whether any segment is ankylosed, and if so whether the ankylosis is favorable or unfavorable.
  • Every neurologic abnormality attributable to the fracture, for separate evaluation.

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

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

Identify the event that caused the fracture

The examiner needs to connect the fracture to a specific in-service event, a blast, a fall, a vehicle rollover, a parachute landing. Name the event, the date, and the location. If you were in combat, invoke §3.304(d), the combat presumption that the injury occurred in service.

Bring any documentation of the event: incident reports, Purple Heart citation, buddy statements, or unit records.

"The fracture happened during an IED blast on [date] in [location]. I was awarded a Purple Heart for injuries sustained in that event."

Illustration of progressive kyphotic deformity from vertebral compression fracture

Report progressive height loss and kyphosis

A compression fracture that continues to collapse produces progressive kyphosis, a rounding of the back that worsens over time. Serial imaging showing progressive height loss is evidence of an ongoing, worsening condition that justifies increased ratings. Tell the examiner if you are measurably shorter than you were at enlistment.

Request comparison films: enlistment physical height vs. current height, and serial X-rays showing vertebral body changes.

"I have lost two inches of height since the fracture. My back rounds forward more every year. The last X-ray showed more collapse than the one before it."

Illustration of an examiner palpating a specific vertebral level to document point tenderness at a fracture site

Describe pain at the fracture site

A "healed" fracture that still hurts is evidence that the healing was incomplete or that the altered mechanics are producing chronic pain at the fracture site. Point tenderness directly over the fractured level is an objective finding the examiner can document by pressing on the spinous process.

Distinguish fracture-site pain from the broader regional pain of degeneration, the examiner needs to know the fracture itself still hurts.

"There is a specific spot on my back, right at L1, that hurts every time something presses on it. That is where the fracture was."

A veteran speaking with an examiner during a VA compensation exam

Report any nerve symptoms that developed after the fracture

Bone fragments or progressive deformity from the fracture can compress nerve roots, producing radiating pain, numbness, or weakness. Each affected nerve is rated separately under the peripheral nerve codes. If nerve symptoms started after the fracture, the connection is direct and the nexus is straightforward.

Timeline matters: "The numbness started six months after the fracture" establishes the causal sequence.

"About six months after the fracture I started getting numbness down both legs. It has gotten worse every year since."

A physician reviewing service records while writing a medical opinion

Quantify what the fracture took from your life

A vertebral fracture that prevents you from standing, lifting, carrying, or sitting for extended periods is a direct line to TDIU under §4.16. The examiner should document every occupational task the fracture has eliminated, not just the pain level, but the functional loss.

Include recreational, household, and caregiving tasks, not just work.

"I cannot lift more than 10 pounds. I cannot stand for more than 20 minutes. I had to quit my job because I could not sit through an 8-hour shift."

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 both the original injury imaging, if you can get it, and the most recent study. Progression side by side is powerful.
  • Ask directly, at the exam, that the percentage of vertebral body height loss be measured and recorded. You are entitled to ask.
  • Point out every surgical scar and ask that each be measured and described, they are separately compensable.
  • If the injury happened in combat, say the word combat. Under 38 U.S.C. §1154(b) it changes what the VA must accept as proof of the event.

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.

A veteran organizing health records to bring to the exam
Fig. 01, Imaging with vertebral body height measurement

01Imaging with vertebral body height measurement

38 C.F.R. §4.71a, DC 5235

The examiner must review imaging (X-ray or CT) showing the fractured vertebra, measure the height loss, and compare it to adjacent intact levels. Loss of 50% or more of height qualifies for the minimum 10% under the General Formula even with full ROM. Serial imaging showing progressive collapse supports increased ratings.

The height-loss measurement is a fracture-specific rating criterion that exists nowhere else in the spine schedule. Missing it means missing the baseline 10%.

Clinical illustration of goniometer measurement of spinal range of motion after a vertebral fracture
Fig. 02, Goniometer range of motion, six planes

02Goniometer range of motion, six planes

38 C.F.R. §4.71a

Same measurement protocol as all spine exams. The fracture-specific concern: kyphotic deformity from a thoracic or thoracolumbar fracture mechanically limits extension, and that limitation is a direct consequence of the fracture, not age, not deconditioning.

Extension loss from kyphotic deformity is fracture-specific evidence that supports a higher ROM-based rating.

A veteran and a physician discussing symptoms in an exam room
Fig. 03, Neurological examination

03Neurological examination

38 C.F.R. §4.124a

Full sensory, reflex, and motor examination to document any nerve-root compression from the fracture. Bone fragments, canal compromise, and deformity can all compress roots, each one is a separate secondary rating.

Fracture-related radiculopathy earns its own peripheral nerve rating on top of the spine rating.

A full claims file laid out for review
Fig. 04, Spinal contour and kyphosis assessment

04Spinal contour and kyphosis assessment

38 C.F.R. §4.71a

The examiner must visually assess and measure spinal contour, specifically looking for kyphotic deformity from the fracture. Progressive kyphosis documented on serial imaging and physical exam supports both the current rating and future increase claims.

Abnormal spinal contour from fracture-induced kyphosis meets the 20% spasm/guarding criterion even without actual spasm, the deformity itself produces the abnormal contour.

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

Examiners frequently record "old compression fracture, healed" and move on. Healed is not the question. The question is how much height that vertebra lost and how the spine sits now, and the answer is on an image somebody has to open.

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

Vertebral Fracture, DC 5235

See It Before You Sit In The Room

Vertebral Compression Fractures, What You Need to Know

Veritas Health

Low Back Pain and Fractures

DocMikeEvans

The Questions Veterans Actually Ask

Vertebral Fracture Claims, Frequently Asked Questions

Straight answers to the questions that decide vertebral fracture 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.

A vertebral fracture under DC 5235 can reach 100% for unfavorable ankylosis of the entire spine. The fracture-specific 10% criterion for ≥50% height loss provides a guaranteed minimum. But the real value is in the secondary conditions, adjacent-segment disease, radiculopathy, and kyphotic deformity each carry their own ratings.

A woman veteran reading a VA letter at her dining table
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.