U.S. Rep. Jack Bergman, R-Watersmeet, and U.S. Rep. Colin Allred of Texas earlier this month introduced “Gerald’s Law,” H.R. 7176, to close a loophole that denies some veterans their burial allowance if they do not die at a VA facility.

The idea for this legislation was brought to Bergman by Denise Formolo, the veterans service director at the Dickinson County Office of Veterans Affairs in Iron Mountain, after a local U.S. Army veteran named Gerald “Jerry” Elliott and his surviving family faced this situation. The 86-year-old lifelong Kingsford resident died Aug. 11, 2019, at his home, “surrounded by his loving family,” according to his obituary in The Daily News.

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, but 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 die at home is wrong, a news release from Bergman’s office stated.

Denise Formolo

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

“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,” Bergman stated in the news release. “This happened to Gerald but is inexcusable and should never happen again.”

Rep. Allred, D-Dallas, added, “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. 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.”

Formolo, who brought the matter to Bergman’s attention, 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.”

Elliott worked for Wisconsin Electric for more than 37 years as a line crew foreman before retiring in 1994. He was a member of American Martyrs Catholic Church in Kingsford, the Elks and Lions Clubs, the Knights of Columbus and American Legion Post 363, where he served as a post commander, according to his 2019 obituary.

He volunteered at the Oscar G. Johnson VA Medical Center in Iron Mountain, was instrumental in bringing the Vietnam Traveling Memorial Wall to Kingsford and was involved with Northwoods AirLifeLine, the obituary states.

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

The legislation can be read at https://bergman.house.gov/uploadedfiles/bergmi_027_xml.pdf. It was referred March 21 to the House Committee on Veterans’ Affairs.

This legislation is supported by the National Association of County Veterans Service Officers, With Honor, Veterans of Foreign Wars, AMVETS, Paralyzed Veterans of America and The Independence Fund.