Emergency PRA Clearance Request Memorandum - PCAFC Decision Appeal Forms - 10202021

Department of
Veterans Affairs

Memorandum

Date: October 20, 2021
From: Assistant Under Secretary for Health for Patient Care Services/Chief Nursing
Officer (12)
Subj: Request for Office of Management and Budget (OMB) Review and
Consideration of emergency Paperwork Reduction Act (PRA) clearance for two
new forms related to the Program of Comprehensive Assistance for Family
Caregivers (PCAFC) appeal process - (VIEWS 6106407)
To:

Sharon Block
Acting Administrator, Office of Information and Regulatory Affairs (OIRA)
1. A recent court ruling requires the Department of Veteran Affairs (VA) to make
changes to options available for individuals who request further review of and to
appeal of decisions related to PCAFC.
2. On April 19, 2021, the United States Court of Appeals for Veterans Claims
(Court), in the case of Jeremy Beaudette & Maya Beaudette v. Denis
McDonough, Secretary of Veterans Affairs, ruled in favor of petitioners seeking
review by the Board of Veterans’ Appeals (Board) of decisions under VA’s
PCAFC. The Court also certified as a class, claimants who received an adverse
benefits decision under PCAFC, exhausted the administrative review process
within the Veterans Health Administration (VHA) (the VHA Clinical Appeals
Process), and have not been afforded the right to appeal to the Board. The
Court’s order required VA and petitioners to jointly prepare and submit to the
Court for approval a plan to provide notice to class members of their right to
appeal PCAFC decisions to the Board and the procedure for obtaining Board
review of the decisions. VA and petitioners filed a joint notice plan, which was
approved by the Court on August 19, 2021.
3. As part of the Court approved joint notice plan, VA must develop two new
forms to support the implementation of new appeal and review options. VA Form
10-306 - “Request for Information About Program of Comprehensive Assistance
for Family Caregivers (PCAFC) Decisions,” allows individuals to request
information about past PCAFC decisions they have been issued. VA Form 10307 - “Program of Comprehensive Assistance for Family Caregivers (PCAFC)
Notice of Disagreement (NOD),” will be used by individuals to initiate an appeal
of a PCAFC decision issued prior to February 19, 2019. Individuals who initiate
an appeal of a decision issued on or after February 19, 2019, utilize the already

Page 2.
Subj: Request for Office of Management and Budget (OMB) Review and
Consideration of emergency Paperwork Reduction Act (PRA) clearance
for two new forms related to the Program of Comprehensive Assistance
for Family Caregivers (PCAFC) appeal process - (VIEWS 6106407)
approved VA Form 10182.
4. VA is under Court order to begin issuing notice 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.
5. 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.
6. Once OMB PRA approval is received, VA must complete additional
processes before issuance of notification can begin. OMB PRA approval is
respectfully requested as soon as possible, but no later than October 25, 2021.
7. Should you have further questions, please have a member of your staff
Contact Ms. Cari Malcolm, Management Analyst, Caregiver Support Program via
email at [email protected].
Beth A. Taylor
376247

Digitally signed by Beth A. Taylor
376247
Date: 2021.10.20 14:33:23 -04'00'

Beth Taylor, DHA, RN, FAAN, NEA-BC
Assistant Under Secretary for Health
for Patient Care Services/Chief Nursing Officer
Attachment
Cc:

VA Desk Officer, Julie A. Wise
Office of Management and Budget (OMB)