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

Forms and Documents

Document Name	Status
Form 10-307 VA From 10-307: PCAFC Notice of Disagreement (NOD) Form and Instruction	New
Form 19-306 VA Form 10-306: Request for Information About PCAFC Decisions Form and Instruction	New
OMB Memorandum_Request for Emergency PRA Clearance_PCAFC Decision Appeal Forms_signed 10202021.pdf Supplementary Document	2021-10-21
Supporting Statement A_PCAFC Decision Appeal Forms_OMB PRA Clearance_10212021.docx Supporting Statement A	2021-10-21

IC Document Collections

IC ID	Document Title	Status
249878	VA From 10-307: PCAFC Notice of Disagreement (NOD) Form and Instruction	New
249877	VA Form 10-306: Request for Information About PCAFC Decisions Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202110-2900-006
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: VA	Agency Tracking No: 2900-NEW
Title: Program of Comprehensive Assistance for Family Caregivers (PCAFC) - Decision Appeal Forms
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/25/2021
Date Submitted to OIRA: 10/22/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	267,540	0
Time Burden (Hours)	88,270	0
Cost Burden (Dollars)	0	0

---

Abstract: 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 has developed the two new 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.

Emergency Justfication: As part of VA’s 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). 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. 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.

---

Authorizing Statute(s): 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)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
VA Form 10-306: Request for Information About PCAFC Decisions	19-306	Request for Information About PCAFC Decisions
VA From 10-307: PCAFC Notice of Disagreement (NOD)	10-307	PCAFC Notice of Disagreement

---

ICR Summary of Burden

	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	267,540	0	0
Annual Time Burden (Hours)	88,270	0	0	88,270	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection, and all burden hours are considered a program increase.

---

Annual Cost to Federal Government: $15,476,495

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 10/22/2021

---