VA Expands Headstone Eligibility to Honor Enslaved Individuals and Those Barred From Service

The new Headstones for Honor Act is a major update to how the Department of Veterans Affairs (VA) recognizes historical service, expanding eligibility for federally furnished headstones, markers, and medallions. Essentially, this bill says that the VA can now provide these honors for two groups of people previously excluded: enslaved individuals who accompanied service members during the Civil War, and anyone who performed a “military function” but was legally prohibited from serving in the Armed Forces due to discriminatory laws based on race, gender, sex, or ethnicity.

This is about recognizing decades of overlooked service. If you had an ancestor who, for example, served as a cook, blacksmith, or laborer for a Union or Confederate unit while enslaved, or perhaps an ancestor who performed vital support roles in a conflict but couldn’t officially enlist because of their gender or race, this bill opens the door for their gravesite to receive a VA-provided marker. It’s a move to correct the historical record and bring long-overdue honor to individuals who contributed to the nation’s defense despite the laws that denied them full citizenship.

Reclaiming the Record: Who Gets the Marker?

This legislation tackles a complicated history head-on. The expansion of eligibility, found in the amendments to Section 2306 of title 38, United States Code, is meant to recognize service that was often forced or unrecognized. But the bill also includes a crucial, specific requirement for historical accuracy: for any formerly enslaved individual who supported the Confederate military, the VA-furnished headstone must include language indicating that the individual was forced to support their enslavement. This is a significant provision that prevents the markers from inadvertently romanticizing forced labor.

The Descendant Requirement: Family First

One of the most practical and important details for everyday people is who can actually request these markers. Unlike standard veteran headstones, which can often be requested by funeral homes or cemeteries, a request for one of these newly eligible individuals can only be made by a direct descendant. If a direct descendant isn’t making the request, the person applying must prove they made a “reasonably sufficient attempt” to get consent from a known direct descendant. This ensures that the recognition of these historical figures remains tied to the wishes and consent of their living family members, prioritizing familial recognition over general historical interest.

Defining the ‘Military Function’

While the intent is clear—to honor those barred from service—the bill leaves the heavy lifting of definition to the VA Secretary. The VA is required to prescribe regulations within one year, and these regulations must define the term “military function.” This is where the rubber meets the road. If the VA defines “military function” too narrowly, it could exclude many individuals the bill intended to honor. Conversely, a broad definition could open up eligibility to a wide range of support roles.

To help the VA make these determinations, the bill specifies that they can consider a wide range of evidence, including Federal or State pay records, Confederate pay records, regimental histories, ship logs, diaries, and even family records like Bibles and church records. This flexibility in evidence is essential, as formal military records often simply don't exist for these historically marginalized groups. The VA must also consult with Civil War historians, civil rights organizations, and direct descendants when crafting these rules, ensuring the final definitions are informed by historical expertise and community input.

Ultimately, this bill is a step toward reconciliation with the past, using federal recognition to honor those who contributed to the country under duress or despite systemic discrimination. If you know your family history includes someone who fits these criteria, keep an eye on the VA’s regulatory process over the next year; that’s when the specific rules for applying for these long-awaited honors will be finalized.