Veterans in ECA Initiative Forced To Waive Rights

March 5, 2010 - The Expedited Claims Adjudication (ECA) Initiative wants you to believe that quicker is better. The ECA promises fast results for anyone choosing to participate in the program. If you want these faster results, all you need to do is sign away your due process rights.

In the ECA's application and rights waiver, it is required that you to agree to either strictly enforced time limits in which you can act on your claim or appeal. The ECA does not place the same limitation on every situation, but if you choose to participate in the ECA initiative, your attention to deadlines is going to be vital to the success of your disability claim(s).

If you choose to process your claim through standard Department of Veterans Affairs (VA) channels, you will have 90 days after you are notified your claim was transferred to the Board of Veteran's Appeals (Board) in which to supply:

• A request for a board hearing;
• Additional evidence; or
• Request a change in representation.

 If you choose to participate in the ECA initiative, your 90 days become 30 days. Signing the ECA waiver means you waive your allotted 90 days and therefore must submit any or all of the above within 30 days of being notified your claim has been transferred to the Board. Depending on the evidence you may need, 30 days might not be enough time.

The shortened time limits the ECA requires will severely impose on your rights. 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.