Several family members who served as caregivers to veterans recently filed a class action lawsuit. The lawsuit challenges the Board of Veterans’ Appeal’s ongoing pattern of denying appeals for caregivers whose Program of Comprehensive Assistance for Family Caregivers (PCAFC) benefits were denied. 

The Role of the PCAFC

The Program of Comprehensive Assistance for Family Caregivers (PCAFC) is to provide support for family members serving as caregivers for a veteran. Both family members and veterans must meet certain eligibility requirements to access PCAFC benefits. 

Eligible caregivers can access caregiver education and training, mental health counseling, and certain travel benefits to cover the expenses of traveling with the veteran for medical care. In some cases, primary family caregivers may also receive a monthly stipend, access to health care benefits, legal and financial assistance related to the veteran’s needs, and access to military commissaries, exchanges, and recreational facilities. 

By offering these benefits, the PCAFC provides essential support to family caregivers of disabled veterans. Benefits make it easier for a family member to provide the full-time care a disabled veteran may need. They also provide vital education and professional support, so that caregivers can meet their veteran family member’s needs. 

Seeking Benefits When a Veteran Dies While Receiving Care

While the PCAFC provides essential benefits to caregivers, some caregivers found themselves and their families sliding between the cracks. 

The class action lawsuit focuses on family members whose benefits were denied because the veteran family member they cared for died before the VA processed their PCAFC application. Despite the time, effort, and expense these caregivers put into supporting their veteran family members, they were unable to access PCAFC benefits. In some cases, caregivers completed caregiver training and other processes on the assumption that they’d have access to benefits – only to be told the VA would not help them. 

Recently, the VA enabled caregivers and veterans to appeal PCAFC decisions to the Board of Veterans Appeals. When caregivers file an appeal of a denial of benefits, however, they often find themselves facing an impasse. Rather than giving these cases a full, fair hearing on the merits, the Board of Appeals dismisses many of them with the same excuse: Because the PCAFC requires both the caregiver and veteran to apply, caregivers can’t access benefits if the veteran is no longer alive to join the application. 

The class action lawsuit seeks to have a federal court interpret the laws and procedures surrounding PCAFC to answer the vital question: Can a caregiver access benefits for care they provided to a veteran, even if the veteran dies before their PCAFC application is fully processed? If the caregiver and veteran would otherwise qualify for PCAFC benefits, should the veteran’s death prevent the caregiver from accessing needed benefits? 

What to Expect as the Class Action Moves Forward

In a typical class action case, the first step is to notify potential members of the class. Class members are those in a similar situation as the named plaintiffs in the case: They served as a family caregiver for a veteran, only to find their PCAFC benefits denied because their family member passed away before their application process was complete. 

Members of the class have a choice. They can stay in the class, or they can opt out. By staying in the class action, caregivers allow the court handling the class action to decide the case and to determine the appropriate remedy. This process can save time, money, and effort for class members. However, class members lose the chance to bring their individual cases to court. 

If a class member opts out of the class action, they preserve their opportunity to bring their own case to court. This option can prove valuable if a caregiver’s case contains different facts or key issues than the class action as a whole. To determine the best course of action for you and your family, talk to an experienced Tampa veterans disability benefits lawyer. 

The work of our military service members affects more than their own lives. Their work affects their families, their communities, and everyone in the United States who relies on their service. Similarly, a denial of veterans’ benefits affects more than just one veteran. It also affects the families and communities that provide essential support to veterans. 

If you’re facing a veterans-related benefits denial, talk to an experienced Tampa veterans benefits attorney today. Attorney David W. Magann is here to help veterans and their families secure the benefits they need.