Caregivers Sue VA Over Denial of Benefits After Veteran’s Death

The Gist: Two family caregivers have filed a potential class‑action suit saying VA wrongly drops caregiver appeals when the veteran dies before a decision. They’re asking the courts to make VA hear those appeals and pay retroactive benefits up to the date of death.

One case involves the daughter of a Vietnam veteran who applied for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) while caring for her father through liver cancer. The VA denied it, and he passed before the Board of Veterans’ Appeals would review the appeal. In another, a wife was told she qualified—but her husband died before VA finalized enrollment, and the appeal was dismissed.

Backed by the National Veterans Legal Services Program and Chisholm Chisholm & Kilpatrick, the suit argues caregivers shouldn’t lose their day in court—or the support they earned—because the veteran died mid‑process. PCAFC can include training, counseling, health coverage, and a monthly stipend.

Why It Matters

Appeals are being dropped solely because the veteran died during the wait.
Caregivers could receive retroactive benefits from the original application date to the date of death.
Sets a precedent for others in the same situation.

Source: Military.com — Caregivers Sue VA Over Denial of Benefits