The U.S. Department of Veterans Affairs (VA) is in crisis mode. Based on who is doing the counting, the VA is carrying a backlog of between 400,000 – 800,000 claims for disability compensation, pension and other veterans’ benefits.
VetsFirst believes that the actual number of backlogged claims is closer to the latter number, if you include appeals in the mix. However, the VA often gets innovative in times of crisis. But – does innovation for the sake of just doing something really solve big problems? Let’s take a closer look.
In response to the claims backlog, the VA has implemented a two-year pilot program called the Expedited Claims Adjudication (ECA) initiative to speed up the claims process. There are currently four test sites participating in the e ECA program (Philadelphia, PA, Seattle, WA, Lincoln, NE and Nashville, TN.)
The VA asserts that ECA will allow proactive veterans to have eligible claims adjudicated more quickly. Sounds great, right? Better read the fine print before you decide.
Congress, the federal courts and even the VA have spent decades establishing procedural and substantive due process rights for veterans, their family members and survivors who file claims for VA benefits. These rights include setting deadlines to file benefit applications, appeals and responses to VA inquiries that allow sufficient time for the claimant to do what is required, These rights also include freedom of choice in selecting a representative to handle a claim or an appeal before the VA.
In order to participate in the ECA program, however, a claimant must sign a waiver of these important rights. This waiver must be made at the very start of the claims process – when the claim is actually filed. In other words, time is shaved off the decision making process by forcing VA claimants to agree to shortened or even eliminated time limits to gather evidence, respond to VA inquiries, prepare appeals and to take other actions. All of the sacrifice for expediting the process is carried by the claimant, while the VA is not required to expedite its own actions.
A major problem with agreeing to the ECA sacrifices at the beginning of the process is that often, the issues that must be resolved are extremely complex. Evidence needed to prove entitlement to a benefit can be quite difficult and time consuming to obtain. On top of that, VA laws and regulations are equally complex. Even experienced veterans service representatives, attorneys and agents need time to research and prepare legal arguments. You never know what is going to happen during the claims process and it is that uncertainty that makes it so dangerous to waive your due process rights before the start whistle even blows.
Another problematic ECA eligibility requirement is that the claimant must be represented by a VA-recognized veterans service organization (VSO) or a VA-accredited attorney or agent in order to participate in the program. The representation must be in effect at the time that the claim is filed. Nevertheless, many VA claimants, for whatever reason, do not have VSO, attorney or agent representation. As a result, these claimant will not be allowed to participate in the ECA program.
Perhaps the most glaring problem with the ECA program is that even though a VA benefits decision may be made faster, the VA is not required to make any more effort than it normally does ensure that the quality, accuracy and correctness of the expedited claims or appeals decision. Denied VA benefit decisions are appealed and won all of the time. There is simply no reason to believe that veterans and their family members or survivors will not vigorously appeal denied ECA decisions as well. This will only add to the VA’s claims backlog, not help to reduce it.
The bottom line is that ECA is a tempest in a teapot. It sounds just fine in theory. In reality, however, it could do more harm than good.
Veterans and others who are eligible to participate in the ECA program will receive a letter from the VA when they file a claim for VA benefits. If you receive such a letter and are considering waiving your due process rights in exchange for a quicker decision, we strongly urge you to contact VetsFirst to learn about the consequences that you are facing.
