Rule2025-18827
Extension of Program of Comprehensive Assistance for Family Caregivers Eligibility for Legacy Participants and Legacy Applicants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2025
Effective
September 30, 2025
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) adopts as final, with changes, an interim final rule that amended VA's regulations governing the Program of Comprehensive Assistance for Family Caregivers (PCAFC) and extended the transition period for legacy participants, legacy applicants, and their Family Caregivers (the legacy cohort) through September 30, 2025. This final rule will further extend the transition period for the legacy cohort through September 30, 2028.
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Rules and Regulations]
[Pages 46477-46480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18827]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 71
[Docket No. VA-2021-VHA-0018]
RIN 2900-AR28
Extension of Program of Comprehensive Assistance for Family
Caregivers Eligibility for Legacy Participants and Legacy Applicants
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) adopts as final, with
changes, an interim final rule that amended VA's regulations governing
the Program of Comprehensive Assistance for Family Caregivers (PCAFC)
and extended the transition period for legacy participants, legacy
applicants, and their Family Caregivers (the legacy cohort) through
September 30, 2025. This final rule will further extend the transition
period for the legacy cohort through September 30, 2028.
DATES: This rule is effective September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Colleen Richardson, Executive
Director, Caregiver Support Program, Veterans Health Administration,
(202) 461-7337.
SUPPLEMENTARY INFORMATION:
Executive Summary
This final rule provides an additional three-year extension for the
transition period for the legacy cohort, that is through September 30,
2028, and responds to comments received on two prior interim final
rules that were previously published related to the transition period
for the legacy cohort.
[[Page 46478]]
VA is making this change to ensure continued eligibility for
individuals who were deemed eligible for PCAFC under prior criteria
while VA continues to consider regulatory changes, including with
respect to the eligibility criteria that became effective on October 1,
2020, as discussed in a December 6, 2024, proposed rule. 89 Federal
Register (FR) 97404. As VA explained in 2020 when establishing the
transition period for the legacy cohort, individuals within the legacy
cohort may have been participating in PCAFC for many years and, through
no fault of their own, have come to rely upon the stipend and other
PCAFC benefits. See 85 FR 46226, at 46253 (July 31, 2020). VA believes
it would be unjust for the transition period for the legacy cohort to
conclude while VA is still working to identify and begin implementing
changes related to PCAFC, including the eligibility criteria.
Background
As originally codified in 2010, section 1720G of title 38, United
States Code (U.S.C.), required VA to establish PCAFC for Family
Caregivers of eligible veterans who have a serious injury incurred or
aggravated in the line of duty in the active military, naval, or air
service on or after September 11, 2001. Section 101 of the Caregivers
and Veterans Omnibus Health Services Act of 2010, Public Law (Pub. L.)
111-163, 124 Stat. 1130 (2010). VA implemented PCAFC through its
regulations in part 71 of title 38, Code of Federal Regulations (CFR).
In 2018, section 1720G was amended by expanding PCAFC to Family
Caregivers of eligible veterans who have a serious injury incurred or
aggravated in the line of duty before September 11, 2001, establishing
new benefits for designated Primary Family Caregivers of eligible
veterans, and making other changes affecting program eligibility and
VA's evaluation of PCAFC applications. Section 161 of the John S.
McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining
Internal Systems and Strengthening Integrated Outside Networks Act of
2018 (VA MISSION Act of 2018), Public Law 115-182, 132 Stat. 1393
(2018).
Subsequently, through regulations, VA amended the PCAFC eligibility
criteria, identified a legacy cohort (i.e., legacy applicants, legacy
participants, and their Family Caregivers, as those terms are defined
in 38 CFR 71.15) who were approved for PCAFC under the previous
eligibility criteria, and created a one-year transition period through
September 30, 2021, whereby the legacy cohort would continue to remain
eligible for PCAFC and continue to receive benefits in accordance with
38 CFR 71.40 while they were reassessed under the new eligibility
criteria. 85 FR 46226.
First and Second PCAFC Extension for Legacy Cohort
On September 22, 2021, VA published an interim final rule (First
PCAFC Extension for Legacy Cohort) that extended the one-year
transition period for the legacy cohort for one additional year through
September 30, 2022. 86 FR 52614. VA continued to reassess the legacy
cohort during this time. However, on March 25, 2022, the U.S. Court of
Appeals for the Federal Circuit issued a decision that set aside
certain PCAFC criteria established in the July 31, 2020, rulemaking,
resulting in the need for VA to repeat certain reassessments of the
legacy cohort to account for the Court's interpretation. Veteran
Warriors, Inc. v. Sec'y of Veterans Affairs, 29 F.4th 1320 (Fed. Cir.
2022) (Veteran Warriors). In light of the Veteran Warriors decision, VA
published a second interim final rule (Second PCAFC Extension for
Legacy Cohort) on September 21, 2022, that extended the transition
period and timeline for VA to complete reassessments of the legacy
cohort by three additional years through September 30, 2025. 87 FR
57602.
VA provided a 60-day comment period for the First PCAFC Extension
for Legacy Cohort, which ended on November 22, 2021. Four comments were
received. VA provided a 60-day comment period for the Second PCAFC
Extension for Legacy Cohort, which ended on November 21, 2022. Eleven
comments were received. In this rulemaking, VA responds to comments
received on the First and Second PCAFC Extension for Legacy Cohort and
further extends the transition period by an additional three-year
period, that is through September 30, 2028.
VA notes that on December 6, 2024, VA published a proposed rule
(New Amendments to PCAFC) that, among other changes, proposed to
further amend the eligibility criteria for PCAFC and proposed to
further extend the transition period for the legacy cohort and the
timeline for conducting necessary reassessments for members of the
legacy cohort to ensure they could be reassessed under the proposed new
eligibility criteria, once finalized. 89 FR 97404. VA received 842
comments on the New Amendments to PCAFC proposed rule, a significant
number of which related to the proposed extension of the transition
period for the legacy cohort. However, because those comments are
specific to the New Amendments to PCAFC proposed rule, they will not be
addressed in this final rule.
Response to Comments
As discussed, the First and Second PCAFC Extension for Legacy
Cohort extended the transition period during which the legacy cohort
could be reassessed for continued eligibility for PCAFC. While the
Second PCAFC Extension for Legacy Cohort also made non-substantive
technical amendments to the regulations, neither the First nor Second
PCAFC Extension for Legacy Cohort interim final rules included
substantive regulatory changes other than extending the transition
period for the legacy cohort. Public comments addressing other issues,
such as the eligibility criteria in the July 31, 2020, rulemaking and
substantive changes to eligibility criteria based on Veteran Warriors
are outside the scope of the First and Second PCAFC Extension for
Legacy Cohort. The only comments within the scope of this rulemaking
are those that specifically addressed whether and for how long the
transition period for the legacy cohort should be extended.
Many of the comments received pursuant to the First and Second
PCAFC Extension for Legacy Cohort raised broader issues related to
PCAFC and are therefore outside the scope of this rulemaking. These
comments raised concerns with the July 31, 2020, rulemaking, such as a
belief that the final rule added additional restrictions to eligibility
and that the changes negatively impacted the legacy cohort. Other
comments raised concerns related to perceived inequity between pre- and
post-9/11 veterans; stipend levels and rate calculations; the
application form for PCAFC (VA Form 10-10CG); the effect of Veteran
Warriors and the need to issue new regulations; the appeals process for
PCAFC decisions; and the need for a formalized period for the pause on
discharges and reductions for PCAFC participants who are not in the
legacy cohort. Additional commenters shared their personal experiences
with PCAFC and other expressed concerns with VA health care generally.
As these comments were outside the scope of this rulemaking, in this
final rule, VA makes no changes based on these comments and does not
respond to the broader issues raised by these commenters.
VA received two comments pursuant to and within the scope of the
First PCAFC Extension for Legacy Cohort that supported extending the
transition period. One comment advocated for VA to prioritize new PCAFC
applicants and stated that members of the legacy cohort
[[Page 46479]]
should continue to stay in the program unless their caregiver support
coordinator feels they are no longer qualified under the revised
criteria or they decide to stop participating. Another comment
supported the extension to provide additional time for VA to complete
reassessments of the legacy cohort and indicated that ``[s]etting a
single, specific date when all the reassessments become effective is .
. . fair and appropriate and gives veterans and their caregivers time
to prepare for any changes in their status and/or stipend.'' VA takes
note of the commenters' desire for continued eligibility for the legacy
cohort and their support for extending the transition period. VA
believes that these commenters' reasons for supporting a one-year
extension, such as providing the legacy cohort additional time to
prepare for potential changes to their eligibility and/or stipend, also
support an additional three-year extension of the transition period for
the legacy cohort, that is through September 30, 2028.
VA received three comments pursuant to and within the scope of the
Second PCAFC Extension for Legacy Cohort that supported the three-year
extension of the transition period for the legacy cohort through
September 30, 2025. These commenters stated that the additional three-
year period would mitigate negative impacts and ease the emotional and
financial burden on the legacy cohort while providing time for VA to
make meaningful adjustments to PCAFC eligibility. VA believes that
these commenters' reasons for supporting the three-year extension also
support an additional three-year extension of the transition period for
the legacy cohort, that is through September 30, 2028.
Additionally, VA received one comment pursuant to and within the
scope of the Second PCAFC Extension for Legacy Cohort that stated that
this rule is a major rule and requires a proposed rule instead of an
interim final rule. VA clarifies for the commenter that the Office of
Information and Regulatory Affairs (OIRA) determined that both the
First and Second PCAFC Extension for Legacy Cohort were not major rules
under the Congressional Review Act (5 U.S.C. 804(2)). To the extent
that the commenter is referring to the determination by OIRA that the
Second PCAFC Extension for Legacy Cohort is a significant regulatory
action under Executive Order 12866, VA clarifies that there is no
prohibition against a finding of good cause to waive prior notice and
opportunity for public comment for a significant regulatory action.
Additionally, while the Second PCAFC Extension for Legacy Cohort was
not promulgated as a proposed rule, VA invited public comments on the
amendments during a 60-day comment period and committed to fully
consider and address comments received. 87 FR 57608. VA refers the
commenter to the Second PCAFC Extension for Legacy Cohort for a
detailed discussion on VA's determination that there was good cause to
publish the Second PCAFC Extension for Legacy Cohort as an interim
final rule under the Administrative Procedure Act. Id. at 57607-08. VA
does not make any changes to the rule based on this comment.
Changes to 38 CFR Part 71
In this final rule, VA is making changes to the Second PCAFC
Extension for Legacy Cohort to extend the transition period for the
legacy cohort for an additional three years through September 30, 2028.
As mentioned previously, in the New Amendments to PCAFC proposed rule,
VA proposed additional changes to PCAFC, including changes to certain
eligibility criteria. Among the changes proposed, VA proposed to extend
the transition period of the legacy cohort to allow VA time to conduct
reassessments of the legacy cohort under any new criteria that take
effect as part of that rulemaking. 89 FR 97405. VA received 842
comments on the New Amendments to PCAFC proposed rule and due to the
volume and thoroughness of the comments, VA determined it is not
feasible to publish a New Amendments to PCAFC final rule and have such
changes become effective prior to the end date of the current
transition period for the legacy cohort, that is, on September 30,
2025. Therefore, VA believes it is necessary to extend the transition
period for the legacy cohort by three years to ensure there is no
change in VA's treatment of the legacy cohort while VA reviews and
considers all comments received from the New Amendments to PCAFC
proposed rule related to the legacy cohort and prior to issuing the New
Amendments to PCAFC final rule. Extending the transition period for the
legacy cohort by three years ensures VA has sufficient time to issue a
New Amendments to PCAFC final rule, which could include regulatory
changes impacting the legacy cohort.
These changes are a logical outgrowth from the First and Second
PCAFC Extension for Legacy Cohort. The First PCAFC Extension for Legacy
Cohort extended the transition period for the legacy cohort by one year
to provide additional time for VA to complete their reassessments and
ensure they were treated equitably. The Second PCAFC Extension for
Legacy Cohort rulemaking provided a three-year extension to the
transition period for the legacy cohort to ensure that members of the
legacy cohort would be treated fairly as they were reassessed under the
eligibility criteria applied by VA following Veteran Warriors.
Providing an additional three-year extension will similarly ensure
continuation of the transition period for members of the legacy cohort
while VA considers amendments that could impact their eligibility
pursuant to the New Amendments to PCAFC final rule--thereby ensuring
equitable treatment for the duration of the transition period for PCAFC
participants in the legacy cohort. These changes merely extend
provisions established within the First and Second PCAFC Extension for
Legacy Cohort and do not create any burdens or restrictions on members
of the legacy cohort. See Veterans Justice Grp. v. Sec'y of Veterans
Affs., 818 F.3d 1336, 1343-45 (Fed. Cir. 2016) (holding that additional
notice and opportunity for comment were not required where
modifications contained in a final rule were a logical outgrowth of the
proposed rule). Therefore, in this final rule, VA is amending
references to the five-year transition period for the legacy cohort
contained in 38 CFR 71.20, 71.30, and 71.40 to reflect the updated
transition period, totaling eight years, through September 30, 2028.
Congressional Review Act
This regulatory action is a major rule under the Congressional
Review Act (5 U.S.C. 804(2)) because it is likely to result in an
annual effect on the economy of $100 million or more. Although this
regulatory action is a major rule under 5 U.S.C. 804(2), the Secretary
of Veterans Affairs finds that good cause exists under the provisions
of 5 U.S.C. 808(2) to forgo the 60-day delayed effective date under 5
U.S.C. 801 and make this rule effective immediately and prior to end of
the full Congressional review period. If this rule is not made
effective prior to October 1, 2025, members of the legacy cohort and
other stakeholders would be subject to uncertainty and confusion about
their continued PCAFC eligibility and assistance upon the expiration of
the current transition period for the legacy cohort on September 30,
2025. Because of these burdens, further notice and public procedure
would be impracticable and contrary to the public interest. 5 U.S.C.
808(2). Accordingly, the Secretary finds that there is good cause to
publish this final rule with an operative and effective date of
September 30, 2025. In accordance with
[[Page 46480]]
5 U.S.C. 801(a)(1), VA will submit to the Comptroller General and to
Congress a copy of this regulation and VA's regulatory impact analysis
for the regulation.
Administrative Procedure Act
The Secretary finds that notice and comment procedures are not
required for this final rule because it simply concludes the regulatory
action from the First and Second PCAFC Extension for Legacy Cohort
interim final rules. Notice and comment did in fact occur on the First
and Second PCAFC Extension for Legacy Cohort interim final rules, and
this final rule responds to significant and relevant comments received
thereon. Additionally, as noted above, the changes from the Second
PCAFC Extension for Legacy Cohort are a logical outgrowth from the
First and Second PCAFC Extension for Legacy Cohort, such that further
notice and comment is not required. Alternatively, were notice and
comment otherwise required for this action, for the reasons discussed
above and in those interim final rules, the Secretary finds that there
is good cause under 5 U.S.C. 553(b)(B) that notice and comment
procedures are impracticable and contrary to the public interest.
Finally, for the reasons set forth in the preceding section, the
Secretary finds that there is also good cause to forego the 30-day
delayed effective date required under 5 U.S.C. 553(d)(3) and publish
this final rule with an immediate effective date.
Executive Orders 12866, 13563, and 14192
VA examined the impact of this rulemaking as required by Executive
Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. OIRA has determined that this
rulemaking is an economically significant regulatory action under
section 3(f)(1) of Executive Order 12866, as supplemented by Executive
Order 13563. This final rule is not a regulatory action under Executive
Order 14192 because it does not impose any more than de minimis
regulatory costs. The regulatory impact analysis associated with this
rulemaking can be found as a supporting document at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). This final rule extends the time for VA to conduct reassessments
of legacy applicants, legacy participants, and their Family Caregivers
and the transition period for such individuals. This rule will have no
impact on small entities. Therefore, pursuant to 5 U.S.C. 605(b), the
initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and Tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
List of Subjects in 38 CFR Part 71
Administrative practice and procedure, Claims, Health care, Health
facilities, Health professions, Mental health programs, Public
assistance programs, Travel and transportation expenses, Veterans.
Signing Authority
Douglas A. Collins, Secretary of Veterans Affairs, approved this
document on September 12, 2025, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Taylor N. Mattson,
Alternate Federal Register Liaison Officer, Department of Veterans
Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 71 as follows:
PART 71--CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED
TO FAMILY MEMBERS OF VETERANS
0
1. The authority citation for part 71 continues to read in part as
follows:
Authority: 38 U.S.C. 501, 1720G, unless otherwise noted.
* * * * *
Sec. 71.20 [Amended]
0
2. Amend Sec. 71.20(b) and (c) by removing ``five'' and adding in its
place ``eight''.
Sec. 71.30 [Amended]
0
3. Amend Sec. 71.30(e)(1) and (2) by removing ``five-year'' and adding
in its place ``eight-year''.
Sec. 71.40 [Amended]
0
4. Amend Sec. 71.40 by:
0
a. In paragraphs (c)(4)(i)(B) introductory text and (c)(4)(i)(C) and
(D), removing ``five'' and adding in its place ``eight''.
0
b. In paragraph (c)(4)(ii)(C)(2)(i), removing ``five-year'' each time
it appears and adding in its place ``eight-year''.
0
c. In paragraph (c)(4)(ii)(C)(2)(ii), removing ``2025'' each time it
appears and adding in its place ``2028''.
0
d. In note 1 to paragraph (c)(4)(ii)(C)(2), removing ``2025'' each time
it appears and adding in its place ``2028''.
[FR Doc. 2025-18827 Filed 9-26-25; 8:45 am]
BILLING CODE 8320-01-P
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