Disability Law Claims Blog

Expedited Claims Adjudication (ECA) Initiative Limits Veterans’ Right to Request Hearings

March 1, 2010 - The normal veterans' appeals process allows you to appeal your Regional Office's (RO) rating decision as many times as you want if you are not satisfied with the outcome.

While the Department of Veterans Affairs (VA) does not process disability compensation claims as quickly as you would like them to or need them to, at least during the process, you are not denied any of your due process rights. Veterans signing up for the Expedited Claims Adjudication (ECA) Initiative, however, are trading their due process rights for their disability claim being processed quicker.

When you sign up for the ECA Initiative, you are signing away your appellate rights allotted under the VA's normal processing structure.

Once you agree to an ECA and you request a hearing, you will discover that:

1. You are only allowed 1 hearing per claim before the participating RO;

2. Your hearing will be conducted by a VA Decision Review Officer (DRO - not a staff attorney or judge); and

3. Your hearing is ONLY possible AFTER an RO makes a decision on your claim.

Should the veteran not sign up for the ECA initiative, and not limit his or her due process rights, that veteran can request a multitude of hearings prior to a final disability decision.

While you can request several hearings for your claim at the state level (RO), an experienced veterans' disability attorney can help you appeal your claim to Board of Veterans' Appeals (BVA - a staff of attorneys and judges who know the laws and hold the ROs accountable for errors and omissions). A hearing with the BVA can greatly increase your chances of receiving disability benefits if you have previously been denied by your RO.

If you need legal help fighting for your VA disability benefits or appealing the VA's rating decision, contact a Miami veterans' disability attorney at LaVan & Neidenberg to schedule your free consultation today - 1-888-234-5758. You have fought for your country; let us fight for you!