Program of Comprehensive Assistance for Family Caregivers (PCAFC) - Decision Appeal Forms
New collection (Request for a new OMB Control Number)
No
Emergency
10/25/2021
Approved without change
10/25/2021
10/22/2021
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
04/30/2022
6 Months From Approved
267,540
0
0
88,270
0
0
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 VAâs 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 Veteransâ 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 Courtâs 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 VAâs operational plan to implement the Beaudette decision, including to address appeals of decisions prior to February 19, 2019, VA has developed the two new forms in this Information Collection (IC). VAâs 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.
As part of VAâs operational plan to implement the Beaudette court decision, including to address appeals of decisions prior to February 19, 2019, VA has developed the two new forms in this Information Collection (IC). VAâs 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.
VA is under Court order to begin issuing notices regarding Board appeal rights to individuals who have received a previous PCAFC decision no later than November 17, 2021. As part of the Court approved plan, these two new forms must be available prior to issuance of such notice, including the enclosure of VA Form 10-306 and website links to publications of both forms. An emergency Paperwork Reduction Act (PRA) clearance is requested to meet the requirements of the Court order. The use of regular OMB clearance procedures will not allow VA to comply with the Court order by the mandated deadline.
PL:
Pub.L. 111 - 163 101
Name of Law: Caregivers and Veterans Omnibus Health Services Act of 2010
US Code:
38 USC 1720G
Name of Law: Program of Comprehensive Assistance for Family Caregivers (PCAFC) and (PGCSS)
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.
Form 10-307 PCAFC Notice of Disagreement
OMB Memorandum_Request for Emergency PRA Clearance_PCAFC Decision Appeal Forms_signed 10202021.pdf
Supporting Statement A_PCAFC Decision Appeal Forms_OMB PRA Clearance_10212021.docx
VA From 10-307: PCAFC Notice of Disagreement (NOD)