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The rule will propose amendments to the eligibility criteria, definitions used, and consider other changes to evaluation processes for the Program of Comprehensive Assistance for Family Caregivers, which provides services and benefits, including a monthly stipend, for eligible caregivers of veterans who sustained a serious injury or illness in the line of duty.

Statement of Need:

This rulemaking is necessary to implement several changes to VA’s Program of Comprehensive Assistance for Family Caregivers (PCAFC) and Program of General Caregiver Support Services (PGCSS) to improve program operations, update eligibility criteria, and expand access to the programs for eligible veterans and servicemembers and their caregivers and comply with Executive Order 14095, Increasing Access to High-Quality Care and Supporting Caregivers, issued April 18, 2023, that required the Secretary of Veterans Affairs consider issuing a notice of proposed rulemaking by the end of this fiscal year that would make any appropriate modifications to eligibility criteria for PCAFC. In accordance with Executive Order 14094, VA briefed the Veterans Service Organizations (VSO) on June 30th, 2023, during the rulemaking process.

Summary of the Legal Basis:

Pursuant to its authority in 38 U.S.C. 1720G, VA proposes to amend its regulations under 38 CFR part 71, which governs PCAFC, a program that provides Family Caregivers of eligible veterans benefits, such as training, respite care, counseling, technical support, beneficiary travel, and for Primary Family Caregivers, provides a monthly stipend payment, and access to health care; and PGCSS, which is available to caregivers of covered veterans of all eras of military service. Proposed amendments would comply with the U.S. Court of Appeals for the Federal Circuit decision in Veteran Warriors, Inc. v. Sec'y of Veterans Affairs, 29 F.4th 1320 (Fed. Cir. 2022), which set aside a portion of VA’s regulations concerning PCAFC eligibility criteria, specifically VA’s definition of need for supervision, protection, and instruction as that term is used throughout 38 CFR part 71. VA proposes to remove conflicting language from its regulations.

Alternatives:

There are no acceptable policy alternatives to issuing this regulation.

Anticipated Costs and Benefits:

VA is still determining costs but anticipates costs to be over $200 million in any given year of the 10-year estimate; VA anticipates this rule would be a section 3(f)(1) significant rule under Executive Order 12866. This rulemaking would expand access to caregiver benefits for eligible veterans based on proposed changes in eligibility criteria. Actual costs will be determined and reflected in this section of ROCIS once the Reg is formally sent to OMB for a formal Executive Order 12866 review.

Risks:

Delayed access to PCAFC for eligible veterans and their Family Caregivers.