Class Actions Seeks to Represent Untold Number of Caregivers Who Appealed Denials from the VA's Program of Comprehensive Assistance for Family Caregivers
WASHINGTON, Aug. 12, 2025 /PRNewswire/ -- Two former caregivers of veterans filed motions for class actions in federal court yesterday, challenging the VA's denial of benefits to caregivers after the veterans who they supported pass away. Sharon Presley cared for her father, an Army combat veteran who served in Vietnam and had service-connected disabilities that rendered him in need of daily assistance near the end of his life. Shyrl Bolton-Pellerin cared for her husband, an Army veteran who also served during the Vietnam War era with service-connected cancer. Both Ms. Presley and Ms. Bolton-Pellerin applied to be family caregivers in VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC), but were initially denied. They appealed, but while waiting for a decision, the veterans they cared for unfortunately passed away. Ms. Presley and Ms. Bolton-Pellerin seek to represent other caregivers whose appeals for caregiver benefits were denied solely because the veterans they cared for died while waiting for a decision on appeal. Ms. Presley and Ms. Bolton-Pellerin are represented by pro bono attorneys at Chisholm Chisholm & Kilpatrick LTD (CCK Law) and the National Veterans Legal Services Program (NVLSP).
Ms. Presley was primary caregiver to her father, Mr. Donaldson, who suffered from many service-related disabilities as a result of his service in Vietnam as well as other non-service related conditions. As a result, he required assistance performing many tasks of daily living. Ms. Presley and her father submitted a joint application for PCAFC benefits, which includes a monthly stipend for the caregiver based on the level of care they provide to the Veteran. The VA Caregiver Support Program denied the application.
With his Board appeal, Ms. Presley's father submitted a letter from his VA primary care physician stating that his cancers had progressed to the point that he "ha[d] become [so] weak [] that he needs almost complete and total care." Four months later, he succumbed to his liver cancer. The Board then denied the appeal because the Veteran had passed away while waiting for a decision.
The VA also denied the PCAFC application of Ms. Bolton-Pellerin and her husband, Mr. Pellerin. They first appealed through the VA's clinical appeal process, and VA indicated to them that they were, in fact, eligible for PCAFC, and began to process the Veteran, Mr. Pellerin, and Ms. Bolton-Pellerin for final approval into the program. Ms. Bolton-Pellerin completed training and other requirements in anticipation of being approved as a primary family caregiver. Unfortunately, Mr. Pellerin soon thereafter passed away, and VHA instead denied the appeal. On appeal, the Board made the same decision as it did for Ms. Presley.
Although caregivers and veterans recently won the right to appeal PCAFC decisions to the Board of Veterans' Appeals, the Board is systematically denying appeals like Ms. Presley's and Ms. Bolton-Pellerin's without reviewing the merits of their arguments. Instead, the Board decided that because PCAFC requires that a Veteran and caregiver be admitted into the program in order to receive benefits, and because the veteran had passed away and could not be admitted into the program prospectively, they could not receive retroactive benefits.
Both women, represented by CCK and NVLSP, filed requests to represent similarly situated caregivers and seek to have the U.S. Court of Appeals for Veterans Claims (CAVC) order that the VA hear their appeals on the merits of their cases.
"Caregivers are the invisible backbone of veterans' health care," said Zachary Stolz, Partner at CCK Law. "Denying them benefits they've earned is wrong and we are taking a stand to fix it."
"Caregivers provide critical, life-saving support to our nation's veterans. When a veteran dies, the VA should provide extra support to the caregiver suffering that loss. Instead, it is arbitrarily denying appeals from caregivers and refusing to pay them the benefits they have earned," said Renee Burbank, NVLSP Director of Litigation. "This arbitrary and illegal restriction is an affront to caregivers who have sacrificed and waited—often for years—for the recognition and benefits they deserve."
About Chisholm Chisholm & Kilpatrick LTD
For 26 years, CCK Law has been a leading public interest law firm, with offices now in Providence, Rhode Island, Atlanta, Georgia, San Antonio, and Houston, Texas. They serve clients across the nation, focusing on veterans disability compensation, bequest management, and long-term disability insurance claims. Since 1999, CCK Law has represented thousands of veterans and family members before the VA and the U.S. Court of Appeals for Veterans Claims. CCK Law has the most VA-accredited attorneys, practitioners, and claims agents of any law firm in the United States. The firm has been involved in legislative processes and landmark, precedent-setting cases that have benefited the entire veterans' community. More information is available at https://cck-law.com.
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP's success in these lawsuits has resulted in more than $5.6 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.
Media Contact
Chelsea DeCesare, Half Street Group (for CCK Law)
401.286.9037 | [email protected]
Patty Briotta, National Veterans Legal Services Program
202.621.5698 | [email protected]
SOURCE Chisholm Chisholm & Kilpatrick LTD
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