With the recent VA ruling, thousands of Veteran families will finally receive what they have been waiting for. A federal court ruling has decided that a VA family caregiver can finally appeal VA decisions regarding financial support they have been denied. Here’s everything you need to know about the decision, eligibility qualifications, and what this decision means for Veterans and their caregivers.
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If You’re a VA Family Caregiver, You Can Appeal Adverse Case Decisions
At the beginning of March 2024, a panel of the U.S. Court of Appeals for the Federal Circuit held a ruling with a panel of judges. A unanimous decision was made voting for a 2021 ruling from a lower court. This ruling stated that participants in the VA’s Family Caregiver Program could now appeal adverse decisions on their cases.
In 2010, when the Comprehensive Assistance for Family Caregivers Program was created, Congress had intentions of allowing VA family caregivers to appeal decisions only within the VHA because the program is overseen by the VA’s health side.
The VA argued that the BVA, who is legally responsible for disputes over disability claims, had no say in ruling for caregivers rights in regards to claims. On Feb 27, 2024 the appeals court judges disagreed. Chief Circuit Judge Kimberly Moore along with others, stated that, “A narrow group of medical determinations that affect assistance or support are outside the BVA’s jurisdiction and the VA Family Caregiver Program is not among those few. We have considered the parties remaining arguments and find them unpersuasive.”
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What Prompted This Ruling?
The family caregiver program VA stems from a case from Jeremy Beaudette. He is a combat Veteran from the Marine Corps. Beaudette is legally blind from a traumatic brain injury. For more than four years, Jeremy and his wife Maya were enrolled in the program. However, they lost their eligibility when he could not attend an in-person assessment because he was recovering from surgery.
The VA employees who conducted Beaudette’s reassessment relied on his medical record when they decided to remove him from the program. They appealed the decision through the VA’s clinical appeals and were immediately denied again. Following that, they appealed the decision to the VBA which did not respond due to lack of jurisdiction.
The Beaudetts took the case to the U.S. Court of Appeals for Veterans Claims in 2021. The VA then appealed to the federal appeals court. This put thousands of cases on hold.
Thousands of Vets and Caregivers May Be Eligible for Appeal
The ruling from last week might allow those cases to proceed if the VA decides to drop the case. The decision could give thousands of dollars in back pay as well as future pay. Igor Timofeyev, a litigation partner who argued the appeal stated, “Such review is an important safeguard of fair agency decision-making, and is critical where support for our veterans and their families is concerned.”
According to the National Veterans Legal Services Program, around 400,000 Veterans and caregivers may be eligible to appeal their cases. Around 14,000 Veterans and caregivers appealed the VA decision on the caregiver program, or submitted a request for a higher-level review just last month. However, the VA and Justice Department still may appeal the ruling to the U.S. Supreme Court.
Who Is Eligible and How Can a VA Family Caregiver Apply?
If you are wondering who is eligible for care within the Veterans Health Administration, there is a page on their website answering many FAQs. To be eligible, you must be 18 or over and be able to check one of the bullet points as listed on the website.
This page also discusses the VA family caregiver application. Furthermore, it has a direct link for Veterans of all ages to start the application process. There is a VA family caregiver stipend available in two levels. If you are a VA family caregiver, and are wanting to contact someone for more information, reach out to the Veterans Health Administration. Their phone number is 1-877-222-8387.
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