CVA Advocacy & Counseling Techniques 3

Question 1

A veteran with PTSD is preparing for a Compensation & Pension (C&P) exam. What practical counseling advice should an advocate provide?

Accepted Answer

Advise the veteran to bring a buddy statement and describe their worst days honestly and completely

Answer

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?

Accepted Answer

The fee-for-service prohibition under 38 U.S.C. § 5904

Answer

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?

Accepted Answer

The date the claim was received by the VA or the date entitlement arose, whichever is later

Answer

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?

Accepted Answer

Direct service connection based on lay testimony of in-service incurrence

Answer

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?

Accepted Answer

When the evidence for and against a claim is in approximate balance, the decision must favor the veteran

Answer

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.

(CVA) Certified Veterans Advocate Practice Test

(CVA) Certified Veterans Advocate Practice Test

CVA Advocacy & Counseling Techniques 3