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    HomeWorldCourt Rules that Veterans' Caregivers Can Appeal VA Eligibility Decisions

    Court Rules that Veterans’ Caregivers Can Appeal VA Eligibility Decisions

    Court Rules that Veterans’ Caregivers Can Appeal VA Eligibility Decisions

    A federal court has ruled that caregivers of injured or ill veterans denied financial support and services from the Department of Veterans Affairs can appeal the VA decision to a benefits board, a ruling that could affect thousands of veteran families.

    In a unanimous decision issued last week, a panel of judges on the U.S. Court of Appeals for the Federal Circuit upheld a 2021 ruling by a lower court that applicants and participants in the VA's Family Caregiver Program could appeal adverse decisions on their cases.

    The VA had maintained that when the Comprehensive Assistance for Family Caregivers Program, also known as the Family Caregiver Program, was created 2010, Congress intended to allow participants to appeal decisions only within the Veterans Health Administration, since the program is managed by the health side of the VA.

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    The VA also argued that the Board of Veterans' Appeals, or BVA, which is responsible for disputes over disability claims, had no jurisdiction for ruling on caregiver claims.

    The appeals court judges disagreed, however. In an opinion issued Feb. 27, Chief Circuit Judge Kimberly Moore and others said that only a narrow group of medical determinations that affect assistance or support are outside the BVA's jurisdiction, and the Family Caregiver Program is not among those few.

    “We have considered the parties' remaining…

    Continue Reading This Article At Military.com

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