Expedited Claims Adjudication (ECA) Limits Veteran’s Substantive Appeals

March 3, 2010 - The Expedited Claims Adjudication (ECA) Initiative gives veterans the impression that should they participate in the ECA, their wait time for disability claims adjudication will be shortened. While this may very well be possible under the ECA initiative, the devil in the details is that participants must waive their due process rights to do so.

Should you choose to adjudicate your disability claim(s) through the standard Department of Veterans Affairs (VA) process you have the right to a substantive review of your claim. The Regional VA Office (RO) can consider evidence on your claim after the Statement of the Case (SOC) has been issued. Further, if there are any material changes in any of the information in any of the SOC's issues, you have the right to have a Supplemental Statement of the Case (SSOC) issued.

Should you choose to participate in the ECA, filing a substantive appeal is much different. Under the ECA, if you file a substantive appeal, you are agreeing to the following:  

• You will waive the RO review of any additional evidence you submit after your SOC is issued;
• You waive any re-adjudication of your claim as well as the right to have a SSOC issued; and
• You agree to your additional evidence being reviewed in the first instance by the Board of Veteran's Appeals (Board).

 Above and beyond those limitations, you will agree to your claim being either granted or finally denied by the Board. While your claim is initially reviewed by your local RO, that will not be the case should you file a substantive appeal.

Because waivers of such important rights are being waived by participating in the ECA initiative, if you plan on signing the ECA agreement and waiver, you must be represented by an attorney or the Veteran's Service Organization (VSO) in order to participate.

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!