Disability Law Claims Blog

The ECA Controls Veterans’ Disability Claims Appeals’ Hearings

March 4, 2010 - At conception, the Expedited Claims Adjudication (ECA) Initiative may have seemed like a good idea. Shortening the disability claims process through the Department of Veteran's Affairs (VA), and in turn speeding up the amount of time in which you receive your disability benefits, is a very attractive offer.

One thing that must be understood at the forefront is the differences between standard VA claim(s) processing and claim(s) processing under as an Expedited Claims Adjudication participant. Filing a substantive appeal on your claim(s) under the standard procedures means your disability claim will be certified and then transferred to the Board of Veteran's Appeals (Board).

Once this is done, you will be given several options as to the location of your Board hearing:

• An in-person hearing at the Board's offices in Washington D.C.;
• An in-person hearing before the Board at the local VA regional office; or
• A hearing before the Board through the use of videoconference technology.

 As an ECA participant, however, you will find much different and much more limited procedures on your Board hearing. Board hearings for substantive appeals on disability claim(s) under the ECA operate as follows:

• That veteran will receive only 1 hearing before the Board;
• The Board, after consulting with the veteran and his or her representative, will determine the type of hearing the veteran will receive so as to make it as timely as possible; and
• An in-person hearing will be conducted in Washington, D.C. only if it is geographically convenient for the veteran and his or her representative, or if the veteran agrees to travel to Washington, D.C. at the veteran's expense.

 Participating in the ECA in no way guarantees your disability claim will be approved, it is just seemingly a shorter process to get to a final decision. In order to participate in the ECA, veterans must severely limit their own due process rights during their claim(s) process. For this reason, please be aware that 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.