CVA Advocacy & Counseling Techniques 3 — Questions and Answers
Question 1: A veteran with PTSD is preparing for a Compensation & Pension (C&P) exam. What practical counseling advice should an advocate provide?
- Encourage the veteran to minimize symptom descriptions to avoid appearing exaggerated
- Advise the veteran to bring a buddy statement and describe their worst days honestly and completely (Correct answer)
- Tell the veteran to request that the exam be conducted by a civilian provider to avoid bias
- Instruct the veteran to bring their medication list and let the medications speak for the diagnosis
Correct answer: Advise the veteran to bring a buddy statement and describe their worst days honestly and completely
Veterans should describe their symptoms at their worst and bring supporting lay statements (buddy statements) because examiners assess functional impairment, not just diagnosis.
Question 2: Which ethical principle is violated if an advocate accepts a fee contingent on the outcome of a veteran's claim before the claim is final?
- Beneficence
- The fee-for-service prohibition under 38 U.S.C. § 5904 (Correct answer)
- The attorney-client privilege statute
- The VA's non-advocacy policy
Correct answer: The fee-for-service prohibition under 38 U.S.C. § 5904
38 U.S.C. § 5904 prohibits charging fees for claims assistance before the VA issues a final decision, except for accredited attorneys and agents after a final Board denial.
Question 3: When assisting a veteran in identifying the effective date for a disability claim, which date is typically assigned for an original claim?
- The date the disability first manifested during service
- The date the claim was received by the VA or the date entitlement arose, whichever is later (Correct answer)
- The date the C&P examination was completed
- The date the rating decision was issued
Correct answer: The date the claim was received by the VA or the date entitlement arose, whichever is later
Under 38 C.F.R. § 3.400, the effective date for an original claim is generally the date of receipt of the claim or the date entitlement arose, whichever is later.
Question 4: A veteran is seeking benefits for a disability not mentioned in their separation physical. Which legal theory allows service connection based on in-service occurrence without contemporaneous documentation?
- Secondary service connection
- Direct service connection based on lay testimony of in-service incurrence (Correct answer)
- Presumptive service connection
- Aggravation of a pre-existing condition
Correct answer: Direct service connection based on lay testimony of in-service incurrence
Competent and credible lay testimony from the veteran can establish in-service occurrence of an event even without official records, supporting direct service connection.
Question 5: What does the legal standard 'benefit of the doubt' mean in the VA claims adjudication context?
- The VA must approve all claims where any evidence of disability exists
- When the evidence for and against a claim is in approximate balance, the decision must favor the veteran (Correct answer)
- Veterans are presumed service-connected for all combat-related conditions
- The VA must accept the veteran's treating physician's opinion over a VA examiner's
Correct answer: When the evidence for and against a claim is in approximate balance, the decision must favor the veteran
Under 38 U.S.C. § 5107(b), when there is an approximate balance of positive and negative evidence, the benefit of the doubt is given to the claimant.
Question 6: A veteran wishes to reopen a previously denied claim. What is required to initiate a Supplemental Claim under the Appeals Modernization Act (AMA)?
- The veteran must submit a Notice of Disagreement within one year of the original denial
- The veteran must submit new and relevant evidence not previously considered by the VA (Correct answer)
- The veteran must request a hearing before the Board of Veterans' Appeals
- The veteran must obtain a new C&P examination at their own expense
Correct answer: The veteran must submit new and relevant evidence not previously considered by the VA
Under the AMA, a Supplemental Claim requires the submission of new and relevant evidence—evidence not previously part of the record that could reasonably affect the outcome.
Question 7: Which counseling approach is most appropriate for a veteran experiencing moral injury related to their military service?
- Cognitive processing therapy focused solely on challenging distorted beliefs about combat events
- A trauma-informed, values-based approach that validates the veteran's moral experience and explores meaning-making (Correct answer)
- Advising the veteran to focus on financial benefits to overcome negative feelings about their service
- Referring the veteran exclusively to a chaplain and declining further advocacy involvement
Correct answer: A trauma-informed, values-based approach that validates the veteran's moral experience and explores meaning-making
Moral injury involves a deep sense of transgression against one's values; effective counseling uses a trauma-informed approach that validates the experience and helps veterans find personal meaning.
CVA Advocacy & Counseling Techniques 3
A veteran with PTSD is preparing for a Compensation & Pension (C&P) exam.
What practical counseling advice should an advocate provide?