---
kind: "section"
citation: "38 C.F.R. § 71.20"
title: "38"
number: "71.20"
heading: "Eligible veterans and servicemembers."
url: "https://uscodex.org/cfr/38/71.20"
---

# §71.20. Eligible veterans and servicemembers.


A veteran or servicemember is eligible for a Family Caregiver under this part if he or she meets the criteria in paragraph [(a)](#a), [(b)](#b), or [(c)](#c) of this section, subject to the limitations set forth in such paragraphs.

- (a) A veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she meets all of the following requirements:
  - (1) **The individual is either—**
    - (i) A veteran; or
    - (ii) **A member of the Armed Forces undergoing a medical discharge from the Armed Forces.**
  - (2) 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.**
  - (3) The individual is in need of personal care services for a minimum of six continuous months based on any one of the following:
    - (i) An inability to perform an activity of daily living; or
    - (ii) **A need for supervision, protection, or instruction.**
  - (4) **It is in the best interest of the individual to participate in the program.**
  - (5) Personal care services that would be provided by the Family Caregiver will not be simultaneously and regularly provided by or through another individual or entity.
  - (6) The individual receives care at home or will do so if VA designates a Family Caregiver.
  - (7) The individual receives ongoing care from a primary care team or will do so if VA designates a Family Caregiver.
- (b) For eight years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy participant.
- (c) For eight years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy applicant.

## Notes

### Amendments

[85 FR 46295, July 31, 2020, as amended at 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022; 90 FR 46480, Sept. 29, 2025]

### Authority

Authority: 38 U.S.C. 501, 1720G, unless otherwise noted. Section 71.40 also issued under 38 U.S.C. 111(e), 1720B, 1782. Section 71.47 also issued under 31 U.S.C. 3711; 38 U.S.C. 5302, 5314. Section 71.50 also issued under 38 U.S.C. 1782.

### Source

Source: 76 FR 26172, May 5, 2011, unless otherwise noted.

### Amendments

[85 FR 46295, July 31, 2020, as amended at 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022; 90 FR 46480, Sept. 29, 2025]