Beaudette v. McDonough, Opinion Number 2022-1264, was decided February 27, 2024 by the Federal Circuit and involves the Program of Comprehensive Assistance for Family Caregivers (Caregiver Program) and certification of a class.
The case involves the Caregivers Program, which has some limitations, but grants additional benefits to qualified veterans and have serious injuries such as a TBI, psychological trauma or other mental disorder. The veteran must need “personal care services because of an inability to perform at least one or more activities of daily living, a need for supervision or protection because of neurological or other impairment or injury, or a need for regular or extensive instruction or 2 supervision to avoid serious impairment of daily functioning.” “A family caregiver of an eligible veteran is entitled to instruction and training to provide personal care services, technical support, counseling, and lodging and subsistence; the primary family caregiver is entitled to the previous benefits, as well as appropriate mental health services, respite care, medical care, and a monthly stipend.”
This case truly involves heart-breaking facts and a terrible decision making process by the VA. A wife and the veteran applied and were granted benefits under the program. Five years later the VA initiated a reassessment, but the veteran could not participate in the in-person examination because he was recovering from two major surgeries and the VA denied his request to delay assessment until he recovered for an examination. The VA ultimately informed the veteran and his wife they were no longer eligible to participate in the Caregivers program based on the reassessment. The couple challenged the ruling through a VHA appeals process and were denied—one of them was in part because the severely disabled veteran could not attend an in-person examination.
The couple then appealed to the Board of Veterans’ Appeals in August 2019, but as of the date of this decision, had not received a response. And, in fact, the Secretary has concluded the Caregiver Program decisions cannot be appealed to the Board. As a result, in July 2020, the couple filed a petition to the Veterans Court.
The Veterans Court had determined the benefits under the Caregivers Program fall within the Veterans Judicial Review Act and jurisdiction of the Court. The Secretary had argued the program involved a medical determination and by statute and regulation outside of the Board’s review. The Court noted the plain meaning of the regulation does not insulate the program from judicial review and instead noted interpretative canons which that there is a strong presumption favoring judicial review of administrative actions and there is a strong presumption that repeals by implication are disfavored and that Congress will specifically address preexisting law when it wishes to suspend its normal operations in a later statute.
The Veterans Court conclude[d] that Congress has spoken unambiguously in mandating Board review of all decisions "under a law that affects the provision of benefits by the Secretary." 38 U.S.C. § 7104(a). VA's interpretation of section 1720G(c)(1) is invalid to the extent it limits the ordinary scope and operation of the VJRA. The Beaudettes have established an indisputable right to Board review, the lack of an adequate administrative means of securing that right, and the propriety of extraordinary relief in these circumstances. Accordingly, a writ of mandamus was issued.
As to the question of a class action, the court granted a class of individuals “who (1) received an adverse decision under the Caregiver Program, (2) exhausted available review under the VHA, and (3) have not been afforded the right to appeal to the Board.”
The Secretary challenged the Veterans Court’s decision and the Federal Circuit affirmed with similar language as the Veterans Court.
This is an important decision that affirms the right to appeal Caregiver denials, but also shows the lengths to which the VA does not want to do the right thing. It is shocking that the VA wasted resources by appealing the Veterans Courts well-thought out decision rather than pouring those resources into actually doing the right thing.
Opinion by Chief Judge Moore and joined in by Judges Dyk and Stoll.
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