Program of Comprehensive Assistance for Family Caregivers (PCAFC) Decision Appeal Forms

ICR 202202-2900-004

OMB: 2900-0894

Federal Form Document

ICR Details
2900-0894 202202-2900-004
Received in OIRA 202110-2900-006
VA 2900-0894
Program of Comprehensive Assistance for Family Caregivers (PCAFC) Decision Appeal Forms
Reinstatement without change of a previously approved collection   No
Regular 06/06/2022
  Requested Previously Approved
36 Months From Approved
267,540 0
88,270 0
0 0

The Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163) established 38 U.S.C. 1720G, which directed the Department of Veterans Affairs (VA) to establish a Program of Comprehensive Assistance for Family Caregivers (PCAFC) and a Program of General Caregiver Support Services (PGCSS). Both programs are managed by VA’s Caregiver Support Program (CSP) Office. Since program inception, Veterans and caregivers who disagree with a PCAFC decision were afforded the right to appeal through the Veterans Health Administration (VHA) Clinical Appeals Process. A recent Court ruling has changed the appeal and review options now available to individuals who have received a PCAFC decision and disagree with that decision. On April 19, 2021, in the case of Jeremy Beaudette & Maya Beaudette v. Denis McDonough, Secretary of Veterans Affairs, the U.S. Court of Appeals for Veterans Claims ruled in favor of petitioners seeking review by the Board of Veterans’ Appeals (BVA or Board) of decisions under the PCAFC. The Court also certified, as a class, claimants who received an adverse benefits decision under PCAFC, exhausted the administrative review process within VHA (the VHA Clinical Appeals Process), and have not been afforded the right to appeal to the Board. As a result of the Court’s ruling, BVA review is now available to individuals who have received a decision under the PCAFC since the program began in May 2011. Consequently, VA has expanded options available to Veterans and caregivers who seek review of or to appeal a PCAFC decision. On February 19, 2019, VA implemented the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), which significantly changed the VA benefits appeals process. Under AMA, claimants have the choice of three decision review options: Supplemental Claim; Higher-Level Review; and Board Appeal. The Supplemental Claim option allows a claimant to submit new and relevant evidence for review in support of their claim. The Higher-Level Review option allows a claimant, without submitting new evidence, to request a new review of the previous decision by an experienced adjudicator. The Board Appeal option allows a claimant to appeal directly to the Board where a Veterans Law Judge will review the decision. AMA appeal and review processes are available for PCAFC decisions issued on or after February 19, 2019. A separate appeals process (legacy) must be used to appeal to the Board regarding PCAFC decisions issued before February 19, 2019. As part of VA’s operational plan to implement the Beaudette decision, including to address appeals of decisions prior to February 19, 2019, VA developed the two forms in this Information Collection (IC). VA’s development of the two forms is explicitly required by a Court-approved joint notice plan in Beaudette, which was finalized by the parties and approved by the Court in August 2021. VA Form 10-306, Request for Information About Program of Comprehensive Assistance for Family Caregivers (PCAFC) Decisions, is necessary to provide a means for claimants to request information about any PCAFC decision VA issued to them, regardless of when such decision was made. VA Form 10-307, Program of Comprehensive Assistance for Family Caregivers (PCAFC) Notice of Disagreement (NOD), is specific to PCAFC decisions rendered prior to February 19, 2019.

US Code: 38 USC 1720G Name of Law: Program of Comprehensive Assistance for Family Caregivers (PCAFC) and (PGCSS)
   PL: Pub.L. 111 - 163 101 Name of Law: Caregivers and Veterans Omnibus Health Services Act of 2010
  
None

Not associated with rulemaking

  87 FR 12223 03/03/2022
87 FR 28104 05/10/2022
Yes

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 267,540 0 0 0 0 267,540
Annual Time Burden (Hours) 88,270 0 0 0 0 88,270
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No

$15,476,495
No
    Yes
    Yes
No
No
No
No
Frances O'Donnell 703 405-2449 fran.odonnell@cathexiscorp.com

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
06/06/2022


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