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The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations pertaining to burial benefits. Amendments include expanding reimbursement of transportation expenses to include covered Veterans’ cemeteries, a single payment rate for non-service-connected burial allowances regardless of the location of a qualifying Veteran’s death, and extending the VA Plot or Interment Allowance to a tribal organization for interment of an eligible Veteran on trust land owned by, or held in trust for, a tribal organization. As amended, the regulations will conform to statutory changes enacted by sections 2201 and 2202 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 and Division CC of the Burial Equity for Guards and Reserves Act of the Consolidated Appropriations Act, 2022. The changes expand reimbursement of transportation expenses to include covered Veterans’ cemeteries and provide a single payment rate for non-service-connected burial allowances regardless of the location of a qualifying Veteran’s death and will coincide with the effective date for the amendments to the United States Code (January 5, 2023), which is the date that is two years after the date of enactment of the Public Law. Furthermore, the changes extending the VA Plot or Interment Allowance to a tribal organization for interment of eligible Veterans on trust land owned by, or held in trust for, a tribal organization will coincide with the effective date for the amendments to the United States Code (March 15, 2022), which is the date of the enactment of the Public Law. These amendments are in accordance with the President’s priorities by advancing equity and support to underserved, vulnerable and marginalized communities.

Statement of Need:

The Department of Veteran Affairs (VA) has determined these amendments are needed to incorporate legislative updates enacted by the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law (Pub. L.) 116-315) and Division CC , section 102(c) of the Burial Equity for Guards and Reserves Act of the Consolidated Appropriations Act, 2022 (Public Law (Pub. L.) 117-103).

Summary of the Legal Basis:

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations to incorporate legislative updates enacted by the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law (Pub. L.) 116-315) and Division CC, section 102(c) of the Burial Equity for Guards and Reserves Act of the Consolidated Appropriations Act, 2022 (Public Law (Pub. L.) 117-103). The updates include expanding reimbursement of transportation expenses to include covered Veterans’ cemeteries, instituting a single payment rate for non-service-connected burial allowances regardless of the location of a qualifying Veteran’s death, and extending the VA Plot or Interment Allowance to a tribal organization for interment of an eligible Veteran on trust land owned by, or held in trust for, a tribal organization.

Alternatives:

VA considered an alternative policy to the proposed rule. VA could choose not to act at this time, defer the amendment, and revise the regulation at a later date. However, this would have a negative effect on VA’s effectiveness in processing benefits claims as the current regulations are outdated and do not align with the updated statutes. These amendments are needed to appropriately determine eligibility to certain VA benefits based on these statutory changes. Therefore, the proposed rule of amending adjudication regulations by expanding reimbursement of transportation expenses to include covered Veterans’ cemeteries, providing a single payment rate for non-service-connected burial allowances regardless of the location of a qualifying Veteran’s death, and extending the VA Plot or Interment Allowance to a tribal organization for interment of an eligible Veteran on trust land owned by, or held in trust for, a tribal organization to conform with the statutory changes in Pub. L. 116-315 and Pub. L. 117-103 is VA’s preferred policy approach.

Anticipated Costs and Benefits:

Under the new statutory changes, transportation reimbursement will now be payable for a Veteran buried in a covered Veterans’ cemetery defined as a Veterans’ cemetery in which a deceased Veteran is eligible to be buried that is owned by a State or is on trust land owned by, or held in trust for, a tribal organization, and for which the Secretary has made a grant under 38 U.S.C. 2408. This allows for the reimbursement of transportation expenses to State Veteran cemeteries and tribal cemeteries which both have eligibility requirements for a Veteran’s burial that are similar to the requirements for burial in a national cemetery. Additionally, there are currently two different non-service-connected burial monetary allowances paid which are dependent on the location of the Veteran’s death: $300.00 for the basic non-service-connected burial benefit and $828.00 if the Veteran meets the eligibility requirements of a VA hospitalization death. The new changes will provide a single payment rate for non-service-connected burial benefits and pay the greater of the two monetary allowances currently in effect for all non-service-connected burial benefits. Finally, effective March 15, 2022, the amendments in Pub. L. 117-103 now extend eligibility for the VA Plot or Interment Allowance to tribal organizations for the burial of an eligible Veteran on trust land owned by, or held in trust for, a tribal organization. This change aligns with the ‘covered Veterans’ cemetery’ amendment in Pub. L. 116-315, and ultimately provides tribal trust lands and tribal organizations the same eligibility to burial benefits as State Veteran cemeteries and organizations.

Risks:

We do not anticipate any publication risks as this rulemaking is conforming VA regulations to the statutory changes enacted by PL 116-315 and PL 117-103.