Program of Comprehensive
Assistance for Family Caregivers (PCAFC) Decision Appeal Form
Revision of a currently approved collection
No
Regular
07/25/2025
Requested
Previously Approved
36 Months From Approved
07/31/2025
50,000
267,540
12,500
88,270
0
0
The Caregivers and Veterans Omnibus
Health Services Act of 2010 (P.L. 111-163) enacted 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). VA’s
regulations implementing PCAFC and PGCSS are in 38 CFR Part 71.
Both programs are managed by VA’s Caregiver Support Program (CSP)
Office. On June 06, 2018, the President signed into law the John S.
McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining
Internal Systems and Strengthening Integrated Outside Networks Act
of 2018 or the VA MISSION Act 2018 (P.L. 115-182). The VA MISSION
Act of 2018 expanded the PCAFC to Family Caregivers of eligible
veterans of all eras in a phased approach, established new benefits
for Primary Family Caregivers of eligible veterans, and made other
changes affecting program eligibility and VA’s evaluation of PCAFC
applications. 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. On February 19, 2019, VA implemented the Veterans Appeals
Improvement and Modernization Act of 2017 (AMA), which
significantly changed the VA benefits appeals process. AMA appeal
and review processes are available for PCAFC decisions issued on or
after February 19, 2019. A 2021 Court ruling in the case of Jeremy
Beaudette & Maya Beaudette v. Denis McDonough, Secretary of
Veterans Affairs, changed the appeal and review options available
to individuals who have received a PCAFC decision and disagree with
that decision. Consequently, VA expanded options available to
Veterans and caregivers who seek review of or to appeal a PCAFC
decision to include decision dating back to May 2011. As part of
VA’s operational plan to implement the Beaudette decision,
including to address appeals of decisions prior to February 19,
2019, a separate appeals process (legacy)is used to appeal to the
Board regarding PCAFC decisions issued before February 19, 2019,
and back to May 2011. VA initially developed two forms, 10-306 and
10-307, which previously were approved by OMB for a PRA clearance
in 2022. 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. Veterans and caregivers may use
this form to acquire information about past PCAFC decisions to
determine whether they wish to pursue an appeal to the Board or
request review. VA Form 10-307, Program of Comprehensive Assistance
for Family Caregivers (PCAFC) Notice of Disagreement (NOD), was
specific to PCAFC decisions rendered prior to February 19, 2019. As
of now, the majority of individuals for whom VA Form 10-307 is
applicable have submitted their requests, and the number of VA Form
10-307 submissions has consistently diminished over time. With
forthcoming changes to CSP regulations, the division of cohorts
will be eliminated, making VA Form 10-307 no longer applicable and
obsolete. Therefore, CSP is requesting the discontinuation and
removal of VA Form 10-307 from this collection. Note: CSP will
continue to appropriately process all received VA 10-307 after
sunsetting.
PL:
Pub.L. 115 - 182 101 Name of Law: VA MISSION Act 2018
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
The burden for this information
collection has decreased due to the removal of 10-307 and a
projected decrease in the number of 10-306 forms received by VA in
the future.
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.