Background
Benjamin Latham, a veteran, and his wife Patricia, a designated family caregiver, received benefits under the Program of Comprehensive Assistance for Family Caregivers. They challenged final rules issued by the Department of Veterans Affairs in 2020 that altered eligibility requirements, reassessment procedures, and stipend calculation methods. The Lathams argued the rules exceeded the VA’s statutory authority and violated their constitutional rights.
The court’s reasoning
The court determined that the petitioners had standing because the new rules created a concrete risk of losing benefits. However, the court applied the highly deferential standard of review under the Administrative Procedure Act. It found that the VA’s decision to use the General Schedule scale for stipends was consistent with statutory authority and supported by reasoned explanations. The court ruled that in-home visits for reassessment were a reasonable administrative tool authorized by statute and did not violate the Fourth Amendment. It further held that residency requirements were rationally based and that changes to eligibility criteria for legacy participants were not arbitrary or unconstitutional.
What it means going forward
The denial of the petition upholds the Department of Veterans Affairs regulations that allow for reassessment of legacy participants and the use of the General Schedule scale for caregiver stipends.