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The Department of Veterans Affairs (VA) adopts as final, with revisions, proposed regulations governing VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). Among other efficiencies and improvements, these revisions will enhance program administration, enable more consistent benefits delivery, and broaden eligibility requirements. 

Statement of Need:

This final rule will respond to comments and make changes to the Program of Comprehensive Assistance for Family Caregivers (PCAFC) and Program of General Caregiver Support Services (PGCSS) to improve program operations, update eligibility criteria, and ensure appropriate access to the programs for eligible Veterans, servicemembers, and their caregivers. These changes will further align PCAFC regulations with the decision of the U.S. Court of Appeals for the Federal Circuit in Veteran Warriors, Inc. v. Sec'y of Veterans Affairs , 29 F.4th 1320 (Fed. Cir. 2022), which set aside VA’s definition of need for supervision, protection, and instruction. 

Summary of the Legal Basis:

38 U.S.C. 1720G. VA will update its regulations in 38 CFR part 71, which governs PCAFC.

Alternatives:

VA determined that there are no acceptable policy alternatives to implement the desired changes, particularly in light of the Court’s determination in Veteran Warriors .

Anticipated Costs and Benefits:

Costs are still being determined and will need to consider any changes made based on considerable comments received on the proposed rule.

Risks:

Delayed access to PCAFC benefits for eligible Veterans and their Family Caregivers, and decisions that do not align with legal mandates.