§ 70.71 Eligibility. Cross Reference
Link to an amendment published at 88 FR 10037 , Feb. 16, 2023.
Cross Reference
This amendment was delayed until Feb. 16, 2025, at 88 FR 90120 , Dec. 29, 2023.
Except as provided in paragraph (j) of this section, VA facilities may provide VTS benefits to the following: ( a ) *Persons eligible for beneficiary travel.* All persons eligible for beneficiary travel benefits in § 70.10 are eligible for VTS benefits (however, persons cannot claim benefits under both programs for the same trip or portion of a trip).
( b ) *Enrolled veterans.* Regardless of a veteran's eligibility for beneficiary travel, VA may provide VTS to veterans enrolled in VA's health care system who need transportation authorized under § 70.72 for: ( 1 ) A scheduled visit or urgent care;
( 2 ) Retrieval of, adjustment of, or training concerning medications and prosthetic appliances, or a service dog (as defined in 38 CFR 17.148);
( 3 ) An unscheduled visit; or
( 4 ) To participate and attend other events or functions, as clinically determined by VA, for the purposes of examination, treatment, or care.
( c ) *Non-enrolled veterans.* VA may provide VTS to veterans not enrolled in VA's health care system who need transportation authorized under § 70.72 for: ( 1 ) A compensation and pension examination;
( 2 ) An unscheduled or walk-in visit;
( 3 ) To apply for enrollment or health care benefits; or
( 4 ) To participate and attend other events or functions, as clinically determined by VA, for the purposes of examination, treatment, or care.
( d ) *Servicemembers.* VA may provide VTS to a member of the Armed Forces (including the National Guard or Reserve) traveling to a VA or VA-authorized facility for VA hospital care or medical services, including examination, treatment or care, a compensation and pension examination, or to enroll or otherwise receive benefits for which they are eligible.
( e ) *Prospective Family Caregivers and Family Caregivers.* ( 1 ) VA may provide VTS to a prospective Family Caregiver who has applied for designation as a Family Caregiver under 38 CFR 71.25(a) when the travel is for purposes of assessment and training under 38 CFR 71.25(c) and (d).
( 2 ) VA may provide VTS to a Family Caregiver (who is approved and designated under 38 CFR 71.25) of veteran or servicemember described in paragraphs (b) through (d) of this section to: ( i ) Accompany or travel independently from a veteran or servicemember for purposes of examination, treatment, or care of the veteran or servicemember; or
( ii ) Receive benefits under 38 CFR 71.40(b) or (c). For health care benefits provided under 38 CFR 71.40(c)(3), Primary Family Caregivers may travel using VTS for care only if it is provided at a VA facility through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) Inhouse Treatment Initiative (CITI).
( f ) *Attendants.* VA may provide VTS to an attendant of a veteran or servicemember described in paragraphs (b) through (d) of this section.
( g ) *Persons receiving counseling, training, or mental health services.* VA may provide VTS to persons receiving counseling, training, or mental health services under 38 U.S.C. 1782 and 38 CFR 71.50.
( h ) *CHAMPVA beneficiaries.* VA may provide VTS to persons eligible for health care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) under 38 CFR 17.270 through 17.278, provided that such care is being provided at a VA facility through the CHAMPVA Inhouse Treatment Initiative (CITI).
( i ) *Guests.* For each veteran described in paragraph (b) or (c) of this section or member of the Armed Forces described in paragraph (d) of this section, a guest may travel with the veteran or servicemember provided resources are still available after providing services to individuals identified in paragraphs (b) through (h) of this section.
( j ) *Limitations on eligibility.* Notwithstanding an individual's eligibility under this section: ( 1 ) A person may be ineligible for transportation services if VA determines the person's behavior has jeopardized or could jeopardize the health or safety of other eligible users of VTS or VA staff, or otherwise has interfered or could interfere with the safe transportation of eligible persons to or from a VA facility or other place.
( 2 ) Only one person may travel with an eligible veteran or servicemember as a Family Caregiver, attendant, or guest, unless a VA clinician determines that more than one such person is needed or would otherwise be beneficial to the examination, treatment, or care of the eligible veteran or servicemember. Family Caregivers traveling for benefits under paragraph (e)(1) or (e)(2)(ii) of this section are not subject to this limitation.
( 3 ) Persons under the age of 18 may accompany another person using VTS with the consent of their parent or legal guardian and the medical facility director or designee. VA transportation of children is not available if State law requires the use of a child restraint, such as a child safety seat or booster seat. In making determinations under this provision, the medical facility director or designee will consider: ( i ) The special transportation needs of the child, if any;
( ii ) The ability to transport the child safely using the available resources;
( iii ) The availability of services at the facility to accommodate the needs of the child;
( iv ) The appropriateness of transporting the child; and
( v ) Any other relevant factors.
(Authority: 38 U.S.C. 111A, 1714, 1720G, 1781, 1782, 501)