Citation Nr: A25110012 Decision Date: 12/22/25 Archive Date: 12/22/25 DOCKET NO. 221221-310720 DATE: December 22, 2025 ORDER Entitlement to eligibility to enroll in Program of Comprehensive Assistance for Family Caregivers (PCAFC) originating from a September 2022 application is denied. FINDINGS OF FACT 1. The Veteran's service-connected disabilities were the result of in-service injuries and conditions incurred after May 7, 1975, and before September 11, 2001. 2. The Veteran and his Primary Family Caregiver applicant filed their claim for PCAFC benefits in September 2022. 3. The Veteran and Caregiver Appellant reside outside of the United States. CONCLUSION OF LAW The criteria for entitlement to eligibility to enroll in Program of Comprehensive Assistance for Family Caregivers (PCAFC) have not been met. 38 U.S.C. §§ 101, 1720G (2024); 38 C.F.R. §§ 71.15, 71.20, 71.25 (2024). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1979 to November 1980 . The Board of Veterans' Appeals (Board) sincerely thanks the Veteran for his service. The second appellant in this matter is P.S., the Veteran's spouse who is applying to become the Veteran's Primary Family Caregiver. This appeal to the Board arose from an October 2022 decision by the Veterans Health Administration (VHA). In the December 2022 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the Agency of Original Jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. The Board cannot consider evidence submitted during the period after the AOJ issued the decision on appeal. 38 C.F.R. § 20.301. If the Veteran would like VA to consider any evidence that was added to the claim file that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to eligibility to enroll in Program of Comprehensive Assistance for Family Caregivers (PCAFC). PCAFC is a VA program that provides certain benefits to eligible veterans who have incurred or aggravated serious injuries during military service, and to their caregivers. 38 U.S.C. § 1720G; 38 C.F.R. § 71.10(a). An "eligible veteran" means a veteran, or a servicemember, who is found eligible for a Family Caregiver under § 71.20. 38 C.F.R. § 71.15. A veteran is eligible for a Primary or Secondary Family Caregiver benefits under this part if he or she meets certain requirements, including that the individual has a "serious injury" incurred or aggravated in the line of duty in the active military, naval, or air service: (i) On or after September 11, 2001; (ii) Effective October 1, 2020, on or before May 7, 1975; or (iii) Effective October 1, 2022, after May 7, 1975, and before September 11, 2001. 38 C.F.R. § 71.20(a). "Serious injury" for purposes of this part means any service-connected disability that: (1) Is rated at 70 percent or more by VA; or (2) Is combined with any other service-connected disability or disabilities, and a combined rating of 70 percent or more is assigned by VA. 38 C.F.R. § 71.15. Under current regulations, VA will deny any joint application of an individual described in § 71.20(a)(2)(iii) (those whose serious injury was incurred or aggravated in the line of active-duty service after May 7, 1975, and before September 11, 2001) if such joint application is received by VA before October 1, 2022. A veteran or servicemember seeking to qualify for the Program of Comprehensive Assistance for Family Caregivers pursuant to § 71.20(a)(2)(iii) should submit a joint application that is received by VA on or after October 1, 2022. 38 C.F.R. § 71.25 (a)(3)(ii)(B). In this matter, at the time of the September 2022 application, the Veteran was in receipt of a combined 100 percent rating from April 30, 2017. The Veteran's service-connected disabilities stemmed from his active duty service between September 1979 and November 1980. The Veteran and the Primary Family Caregiver applicant filed their claim for PCAFC enrollment in September 2022. Because of this, and that fact that the Veteran's serious injury occurred after May 7, 1975, and before September 11, 2001, pursuant to 38 C.F.R. § 71.25(a)(3)(ii)(B), the Board must deny the application for PCAFC enrollment. The plain language of the regulation makes it clear that VA must deny the application of a Veteran with a serious injury incurred after May 7, 1975, and before September 11, 2001. See 38 C.F.R. § 71.25 (a)(3)(ii)(B). The Board is constrained to follow the specific provisions of the law. See 38 U.S.C. § 7104; Taylor v. West, 11 Vet. App. 436, 440-41 (1998); Harvey v. Brown, 6 Vet. App. 416, 425 (1994). Accordingly, eligibility to enroll in the PCAFC is denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426 (1994) (in a case where the law is dispositive of the claim, the claim should be denied for lack of legal merit under the law). Furthermore, the record shows that the Veteran and Appellant reside in the Philippines. The Federal Register for the final rule for PCAFC discussed where the Veteran and caregiver may live in order to be eligible for PCAFC in § 71.10 Purpose and Scope. See 85 Federal Register 46226 (July 31, 2020). The Federal Register discussed that PCAFC is restricted to a "State" as defined in 38 U.S.C. § 101 (20), which defines the term "state" as the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. The Federal Register analysis for Purpose and Scope maintained that as stated in the proposed rule, it has been VA's practice since the launch of PCAFC in 2011 to only provide the benefits to those individuals residing in a State. See 85 Federal Register 46226 (July 31, 2020). The Philippines is not considered a "State" under VA law. See 38 U.S.C. § 101(20). The Board observes that VA's requirement that they reside in a "State" is not meant in any way to punish Veterans who chose to live outside a "State." Rather, the requirement that they reside in a "State" was added because it was found not feasible for VA to provide PCAFC benefits outside of a "State," specifically because the program had requirements, such as in-home assessments, respite care, and oversight, which could not be conducted for Veterans living outside a state. 85 Fed. Reg. 46226, 46227 (July 31. 2020). Therefore, as the Veteran and Caregiver Appellant reside out of the country, he does not meet the basic eligibility requirements for PCAFC benefits. Under these circumstances, there is no potential avenue by which the eligibility requirements for PCAFC benefits may be granted. Therefore, the issue of eligibility for enrollment in the PCAFC must be denied as a matter of law. The Board is very sympathetic to the Veteran and Appellant's claim. However, although the Board must "render a decision which grants every benefit that can be supported in law," 38 C.F.R. § 3.103(a), the Board is bound by the applicable laws and regulations. 38 U.S.C. § 7104(c); 38 C.F.R. § 20.105. Accordingly, at this time, entitlement to enroll in PCAFC must be denied. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Middleton, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.