Practice Test Geeks(CVA) Certified Veterans Advocate Practice Test
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Appeals Process & Representation Flashcards

7 cards from real CVA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. What is the role of a VA-accredited claims agent compared to a VA-accredited attorney?

    Answer: Both may charge fees after a final decision, but only attorneys may represent at CAVC

    Both accredited agents and attorneys may charge fees for services after a final prior decision, but only attorneys may represent veterans before CAVC.

  2. Under 38 C.F.R. § 14.636, what is the maximum contingency fee percentage a VA-accredited attorney may charge a veteran?

    Answer: 25%

    VA regulations cap contingency fees at 20% of any past-due benefits awarded, though parties may agree to a lower rate.

  3. What is a 'clear and unmistakable error' (CUE) in a VA decision?

    Answer: An error obvious to any reasonable person that, if corrected, would change the outcome

    CUE is an undebatable, outcome-determinative error of fact or law that was not a matter of judgment at the time of the prior decision.

  4. Which doctrine requires VA adjudicators to interpret ambiguous evidence in the veteran's favor?

    Answer: Benefit of the Doubt

    The Benefit of the Doubt doctrine (38 U.S.C. § 5107(b)) requires VA to resolve ties in the evidence in the veteran's favor.

  5. A veteran disagrees only with the effective date assigned in a rating decision. Which AMA lane is most efficient to pursue this narrow issue?

    Answer: Higher-Level Review Lane

    A Higher-Level Review is efficient for effective date disputes because a senior adjudicator can correct legal errors without needing new evidence.

  6. What is 'equitable tolling' in the context of VA appeals deadlines?

    Answer: Court-granted extension of a filing deadline when extraordinary circumstances prevented timely filing

    Equitable tolling allows courts to extend filing deadlines when a veteran was prevented from timely filing due to circumstances beyond their control.

  7. When the BVA remands a claim to the Regional Office, which action is the RO required to take?

    Answer: Follow the BVA's remand instructions and provide due process before re-adjudicating

    On remand, the RO must fully comply with the BVA's specific instructions and give the veteran notice and opportunity to respond before issuing a new decision.