San Francisco National Cemetery (Photo: Thomas Hawk)

A bill introduced in the House by Rep. Julia Brownley (D-Calif.) would ensure that cremated Veterans can be interred alongside their spouses or dependents in national or Veterans cemeteries. The Loved Ones Interment Act, H.R. 9804, would authorize the Secretary of Veterans Affairs to provide headstones and markers for certain Veterans who are buried with eligible family members, even if the burial site is a shared family plot that includes a non-Veteran.

According to Stars and Stripes, the legislation addresses what Rep. Brownley describes as a “heartbreaking and completely unacceptable” VA policy that restricts burial options for cremated Veterans. Under current VA rules, if a family chooses to receive a government-furnished urn or plaque, they lose eligibility for other burial benefits. This includes burial in a national cemetery and the provision of a headstone, marker, or medallion.

Brownley said the Loved Ones Interment Act would correct this issue by clarifying that Veterans who received an urn or plaque can still be buried with a spouse or dependent and be recognized with a family headstone. The measure would amend Title 38 of the United States Code to ensure these Veterans are not excluded from shared burial spaces.

Veterans organizations, including AMVETS and IAVA, Iraq and Afghanistan Veterans of America, have endorsed the legislation. Critics of the current policy, such as the National Funeral Directors Association and the Minnesota Department of Veterans Affairs, have said the rule imposes unnecessary hardships on families and risks separating Veterans from their loved ones in final resting places.

The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 granted the VA authority to furnish urns and plaques to honor cremated Veterans. However, the VA interprets this law to mean that once a family accepts one of these items, no additional burial benefits may be provided. Brownley contends this interpretation has led to an unintended consequence that prevents families from burying Veterans with their spouses or dependents.

As reported by Stars and Stripes, the National Funeral Directors Association urged the VA to reconsider its stance, pointing out that placing an urn in a burial plot already designated for a spouse would not increase costs. “It would be no different than including a memento in the casket,” the association’s Senior Vice President for advocacy explained in a letter to the VA Secretary at the time, Dennis McDonough.

While the VA has maintained that it must comply with the limitations of the existing law, Brownley said her bill would provide the clarity needed to allow families to honor cremated Veterans without losing the opportunity for interment and recognition.

“Ensuring that Veterans are laid to rest with their loved ones is essential for upholding our promise to serve our Veterans in life and death,” Brownley said.

Author: Rikki Almanza

Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.