Common examiner traps

The trick question — “Are you working?”

If you say yes, the examiner may write that you are able to work without limitation — affecting your TDIU eligibility and your severity rating. The correct answer if you work in pain or with accommodations is:

“Yes, but with significant limitations. I work [hours] per week, take frequent breaks, miss [X] days per month, and need [accommodations]. I can only continue because [employer is flexible / I work from home / etc.].”

Other traps

• “How are you doing today?” → Don’t say “good” or “fine.” Describe your current condition.
• “On a scale of 1 to 10, how bad is the pain right now?” → If you say 4, the examiner may write that as your average pain level. Clarify: “Right now it’s a 4, but it averages 6 and reaches 9 during flare-ups.”
• “Can you do [activity]?” → Don’t simply say yes. If you can do it but with pain or limitation, say so.
• “Are you on any medication?” → List EVERYTHING, including OTC pain relievers and as-needed medications. The fact that you self-medicate with ibuprofen daily supports the claim.

Range of Motion testing

For musculoskeletal claims, ROM is everything. Stop when motion becomes painful — the Painful Motion principle (38 CFR § 4.59) requires the minimum compensable rating (10%) when pain begins. Do not push past pain to impress the examiner. You are not being graded on toughness; you are being evaluated for compensation.

Verbally state when pain begins. “That’s where it starts hurting.” The examiner is supposed to note this.

Other resources — tools · conditions · how to file · forms · FAQ