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Click To Call As a participant in the Expedited Claims Adjudication (ECA) Initiative, veterans lose ten months off their time to appeal a denied disability claim as opposed to proceeding through normal VA disability claim processing.
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Veterans' Disability

3/2/2010
Advocate for the Disabled
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Veteran’s Appellate Time Frame Limited by Expedited Claims Adjudication (ECA) Initiative


March 2, 2010 - When veterans are in a position where they are waiting for their disability claim to be processed by the Department of Veterans Affairs (VA), being offered a quicker processing track is a very attractive offer. On its surface, the VA's Expedited Claims Adjudication (ECA) Initiative looks like a faster, better option than going through the standard disability claims procedures.

Many veterans see a quicker settlement to their claim as a blessing. In reality, the ECA forces veterans to relinquish their due process rights if they want to participate.

Should a veteran decide to proceed through normal VA processing of disability claims, they have certain rights of appeal. Eventually the VA will make a decision on a veteran's claim and should the claim be denied, the veteran begins his or her appellate process by filing a Notice of Disagreement (NOD). During standard procedures, the veteran has a year from the notice of decision in which to file his or her appeal.

Compare this process to what the veteran is subjected to should he or she choose to participate in the ECA. Once a veteran signs the ECA agreement and waiver, that veteran agrees to file a NOD within 60 days of the date of notice of the VA's decision.

Not only does the veteran go from having 12 months to file an appeal to 2 months by participating in the ECA, if the veteran does not appeal within those 2 months, the veteran's claim will close. If the claim closes, the veteran will never be able to collect on the claim.

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!



Labels: disability claim hearings ECA Initiative Veterans disability


VA FooterSoldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.

At LaVan and Neidenberg, we are determined to secure veterans their rightful disability compensation and disability rating. We wrote this book for you! In it you will find valuable tips on how to navigate the claims process and avoid common pitfalls. Request your FREE copy today! 

Or, complete our short contact form or call us directly at 1.888.234.5758 to schedule your FREE case evaluation.



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