Disability Law Claims Blog

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!