[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28104-28105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09973]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0894]


Agency Information Collection Activity Under OMB Review: 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: In compliance with the Paperwork Reduction Act (PRA) of 1995, 
this notice announces that the Veterans Health Administration, 
Department of Veterans Affairs, will submit the collection of 
information abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The PRA submission describes the nature 
of the information collection and its expected cost and burden and it 
includes the actual data collection instrument.

DATES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Refer to 
``OMB Control No. 2900-0894.

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: 
    Authority: 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

[[Page 28105]]

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.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published at: 87 FR 42 on March 3, 2022, pages 12223 
and 12224.
    Affected Public: Individuals or 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. 2022-09973 Filed 5-9-22; 8:45 am]
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