U.S. Senator Gary Peters (D-MI) announced bipartisan legislation – the Gerald’s Law Act – that would expand Department of Veterans Affairs (VA) burial benefits eligibility to terminally ill veterans who pass away at a non-VA facility while receiving hospice care.
The legislation was named after late Michigan veteran Gerald “Jerry” Elliott of Kingsford who did not receive VA burial benefits since he passed away at home.
Under current law, the VA will cover nearly $800 toward burial and funeral expenses only if the veteran is hospitalized at the VA at the time of death. This legislation would update the department’s policy, ensuring veterans aren’t penalized for spending their last days in the comfort of their homes or other settings. Denise Formolo, the Veterans Service Officer for Dickinson County, raised this issue with Senator Peters’ office and shared the heartbreaking story of the Elliott family – inspiring this legislation.
“Veterans who have served and sacrificed for our country should be treated equally based on their service, and not be penalized due to the circumstances at their time of death,” said Senator Peters, a former Lieutenant Commander in the U.S. Navy Reserve and member of the Senate Armed Services Committee. “This bipartisan bill would take important steps to fix the VA’s burial benefit system because we owe it our veterans and their families to ensure they are properly laid to rest with dignity and respect. We cannot allow what happened to Gerald and his loved ones to continue.”
“It is my great honor as a County Veteran Service Officer to have brought this issue forward to the Congress and Senate to help our Veterans and their dependents in their time of sorrow,” said Denise Formolo, Veteran Service Officer at Dickinson County Veterans Affairs. “Knowing that they would still be able to receive the burial benefit helps the Veteran to be able to make the decision to go home and be surrounded by his/her family and friends in their final days. I am honored to have been able to have this bill be named after Gerald Elliot, one of our county veterans, and appreciate Senator Peters’ leadership on this legislation.”
“The VFW supports the Gerald’s Law Act which would allow terminally ill veterans who have been hospitalized at VA, but then choose to spend their final days in hospice at home, to receive the full VA burial allowance,” said VFW Assistant Legislative Director Kristina Keenan. “This common-sense legislation would ensure that veterans under VA care can make the best choice for themselves during their final days without the fear of losing this important benefit. The VFW thanks Senator Peters and Senator Boozman for their support of this important legislation.”
The Veterans of Foreign Wars (VFW), AMVETS, Paralyzed Veterans of America (PVA), the National Association for Country Veterans Service Officers, With Honor and The Independence Fund support Gerald’s Law Act.
Peters introduced the legislation with U.S. Senators John Boozman (R-AR), Joe Manchin (D-WV) and Mike Rounds (R-SD). Companion legislation was introduced in the House of Representatives by Representatives Jack Bergman (R-MI) and Colin Allred (D-TX).
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