ECA Participants Waive Right To Fair Review Of Evidence

While the current Department of Veteran Affairs (VA) claims adjudication and appeals process leaves something to be desired as far as their speed, they do hold one distinct advantage over the Expedited Claims Adjudication (ECA) Initiative: during the normal VA appeals process, Veterans retain their due process rights the entire time.

Electing to join the ECA means you will sign away many of your due process rights.

ECA participants must agree that if the VA obtains new evidence after a Statement of the Case (SOC) has been issued, and that veteran’s claim is not granted in full based on the new evidence, the VA will supply the claimant with a copy of the evidence. The VA will then request the claimant waive (1) review of the evidence by the participating Regional Office (RO), and (2) the issuance of any further required Supplemental Statement of the Case (SSOC).

If the claimant does not respond to the waiver within 30 days of receiving of the request, they end up waiving their right to all reviews of the new evidence obtained by the VA.

It sounds like the VA is threatening more than requesting a waiver. By participating in the ECA initiative, veterans must waive their due process right to a fair review of all the evidence in their case.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact Veterans Help Group. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.