Press Releases

Today, Rep. Jack Bergman (MI-01) and Rep. Colin Allred (TX-32) introduced “Gerald’s Law”, H.R. 7176, to close a loophole that denies certain terminally ill Veterans their VA burial allowance if they do not pass away at a VA facility.

The idea for this legislation was brought to Rep. Bergman by Denise Formolo, the Veterans Service Officer for Dickinson County, after a constituent Veteran named Gerald “Jerry” Elliott and his surviving family were subject to this terrible situation.

Under current law, the “Non-Service Connected Burial and Plot” benefit from the VA covers burial and funeral expenses up to nearly $800 for the surviving family of a Veteran – only if they are hospitalized at the VA at their time of death. Forcing a Veteran to give up their benefit if they wish to pass away in the comfort of their own home and surrounded by loved ones is wrongful.

Bergman’s bill would expand eligibility for the VA benefit, applying the burial allowance to terminally ill Veterans that were discharged from receiving care at a VA hospital or nursing home to pass comfortably at home under hospice care.

Rep. Jack Bergman stated, “Veterans who have sacrificed for our Nation should not have to sacrifice their surviving family’s burial benefit for choosing to pass away in the comfort of their own homes. This happened to Gerald but is inexcusable and should never happen again.”

“As veterans and their families make deeply personal decisions about their end-of-life care, the last thing they should be worried about is whether their decisions impact the benefits they have earned,” said Rep. Colin Allred (TX-32). “I am proud to co-lead this legislation with Congressman Bergman to ensure that veterans can choose to spend their final days somewhere comfortable and familiar, without having to worry about losing their burial benefits.” 

Dickinson County Veteran Service Officer, Denise Formolo stated, "While working with veterans I've had to explain the different qualifications for VA death benefits. One aspect of this is explaining the financial benefits of staying at the VA versus going home and being surrounded by loved ones as they pass. Knowing a veteran can make the choice to go home and be surrounded by family and friends and that the family will receive the full burial amount allowable by the VA is a great comfort to them. 

"Gerald’s Law would bring comfort and peace of mind to our veterans during this time. Being in a rural area this benefit would go a long way in helping with burial expenses incurred by the family. I'm honored to be able to work with Congressman Bergman to improve the benefits for our veterans and their families in their time of need."

JoAnne Elliott, wife of Gerald Elliott, noted, “Jerry considered it an honor to volunteer at the Oscar Johnson VA, Iron Mountain, MI, and, as a member, through the American Legion Post 363, Kingsford, MI, for many years.  The Elliott family appreciates his recognition on the bill which will enhance benefits to our cherished veterans.”

This legislation is supported by NACVSO, With Honor, VFW, AMVETS, PVA, and The Independence Fund.

You can read the legislation here.

NACVSO President Nichole Coleman said, “When veterans are in their final days, they should not be concerned with whether or not their dependents will be penalized financially for deciding to pass away in their own home. Representative Jack Bergman’s Gerald’s Law would remove this unfortunate oversight and help to alleviate confusion for the veteran and their loved ones. NACVSO is proud to support Gerald’s Law”

"A veteran’s decision to pass away in their home or a VA facility shouldn’t dictate their burial and funeral expense benefits. Our veterans served our nation and even in their death, our nation needs to serve them," said With Honor CEO and Co-Founder Rye Barcott. "We’re proud to join Representative Bergman in supporting Gerald’s law and our veteran community. We anticipate the support of the bipartisan For Country Caucus of veterans we work alongside.”

“The Independence Fund wholeheartedly endorses Rep. Bergman’s “Gerald’s Law”.  While the VA is stressing the need for greater home health care and Veteran Directed Care, at the end of life, to require a dying veteran to return to the cold and sterile confines of a medical facility so as to qualify for burial benefits, is just cruel and unwarranted.  We applaud Rep. Bergman and his cosponsors for exercising the leadership on this issue, and we call for the bill’s swiftest consideration and passage," said Bob "Shoebob" Carey, Executive VP for Advocacy & Strategy, The Independence Fund.

Joe Chenelly, Executive Director, AMVETS noted, "AMVETS is proud to support Representative Bergman’s common-sense change that provides terminally ill veterans a burial benefit whether they pass away at a VA hospital or choose to return home, surrounded by friends and family. We should not be punishing veterans for making this choice.