[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12223-12224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04510]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0894]


Agency Information Collection Activity: Program of Comprehensive 
Assistance for Family Caregivers (PCAFC) Decision Appeal Forms

AGENCY: Veterans Health Administration, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: Veterans Health Administration (VHA), Department of Veterans 
Affairs (VA), is announcing an opportunity for public comment on the 
proposed collection of certain information by the agency. Under the 
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to 
publish notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice.

DATES:  Written comments and recommendations on the proposed collection 
of information should be received on or before May 2, 2022.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Janel Keyes, Office of Regulations, Appeals, and Policy (10BRAP), 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420 or email to [email protected]. Please refer to ``OMB Control No. 
2900-0894'' in any correspondence. During the comment period, comments 
may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 1717 H Street NW, 
Washington, DC 20006, (202) 266-4688 or email [email protected]. 
Please refer to ``OMB Control No. 2900-0894'' in any correspondence.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct

[[Page 12224]]

or sponsor. This request for comment is being made pursuant to Section 
3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, VHA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of VHA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of VHA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Authority: Public Law 104-13; 44 U.S.C. 3501-3521.
    Title: Program of Comprehensive Assistance for Family Caregivers 
(PCAFC) Decision Appeal Forms, VA Forms 10-306 and 10-307.
    OMB Control Number: 2900-0894.
    Type of Review: Extension of a currently approved collection.
    Abstract: The Caregivers and Veterans Omnibus Health Services Act 
of 2010 (Pub. 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. 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 
(Pub. L. 115-182). The VA MISSION Act of 2018 fundamentally transformed 
elements of the Department of Veterans Affairs' (VA) healthcare system 
to include expanding 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. The statutory authority for PCAFC and PGCSS is codified 
at 38 U.S.C. 1720G. VA's regulations implementing PCAFC and PGCSS are 
in 38 CFR part 71.
    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.
    The options now include a separate appeals process (legacy) that 
must be used to appeal to the Board regarding PCAFC decisions issued 
before February 19, 2019. This legacy process is implemented through 
use of VA Forms 10-306 and 10-307.
    VA Form 10-306, Request for Information--Because individuals now 
have additional options for appealing and seeking review of previous 
PCAFC decisions, dating back to May 2011, this form allows Veterans and 
caregivers to request information about past PCAFC decisions to 
determine whether they wish to pursue an appeal to the Board or request 
review.
    VA Form 10-307, Notice of Disagreement--This form was developed 
because VA Form 21-0958, which previously was used to initiate an 
appeal to the Board of benefits decisions dated before February 19, 
2019, is no longer an approved information collection. VA Form 10-307, 
Notice of Disagreement, is now used for legacy appeals of PCAFC 
decisions and is specific to individuals who wish to appeal a PCAFC 
decision that was issued prior to February 19, 2019.
    Affected Public: Individuals and households.
    Estimated Annual Burden: 88,270 total hours.
    a. 10-306--45,500 hours.
    b. 10-307--42,770 hours.
    Estimated Average Burden per Respondent: 45 total minutes.
    a. 10-306--15 minutes.
    b. 10-307--30 minutes.
    Frequency of Response: Once annually.
    Estimated Number of Respondents: 267,540 total.
    a. 10-306--182,000.
    b. 10-307--85,540.

    By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2022-04510 Filed 3-2-22; 8:45 am]
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