**§3.1612 Monetary allowance in lieu of a Government-furnished headstone
or marker.**

\(a\) *Purpose.* This section provides for the payment of a monetary
allowance in lieu of furnishing a headstone or marker at Government
expense under the provisions of §1.631(a)(2) and (b) of this chapter to
the person entitled to request such a headstone or marker.

\(b\) *Eligibility for the allowance.* All of the following conditions
shall be met:

\(1\) The deceased veteran was eligible for burial in a National
cemetery (See §1.620 (a), (b), (c) and (d) of this chapter); or died
under circumstances precluding the recovery or identification of the
veteran's remains or the veteran's remains were buried at sea.

\(2\) The veteran was buried on or after October 18, 1978.

\(3\) The headstone or marker was purchased to mark the otherwise
unmarked grave of the deceased veteran or, if death occurred prior to
December 18, 1989, the veteran's identifying information was added to an
existing headstone or marker. (Authority: 38 U.S.C. 2306(d))

\(4\) The headstone or marker is for placement in a cemetery other than
a National cemetery or the headstone or marker upon which the veteran's
identifying information was added is situated in a cemetery other than a
National cemetery.

\(c\) *Person entitled to request a Government-furnished headstone or
marker*. For purposes of this monetary allowance, the term "person
entitled to request a headstone or marker" includes, but is not limited
to, the person who purchased the headstone or marker (or if death
occurred prior to December 18, 1989, the person who paid for adding the
veteran's identifying information to an existing headstone or marker),
or the executor, administrator or person representing the deceased's
estate. (Authority: 38 U.S.C. 2306(d))

\(d\) *Receipted bill.* A receipted bill describing the headstone or
marker (or the services rendered in adding the veteran's identifying
information to an existing headstone or marker) date of purchase,
purchase price, the amount of payment and the name of the person who
made such payment, shall accompany a claim for this monetary allowance.

\(e\) *Payment and amount of the allowance.*

\(1\) The monetary allowance is payable as reimbursement to the person
entitled to request a Government-furnished headstone or marker. If funds
of the deceased's estate were used to purchase the headstone or marker
or, if death occurred prior to December 18, 1989, to have the deceased's
identifying information added to an existing headstone or marker, and no
executor or administrator has been appointed, payment may be made to a
person who will make a distribution of this monetary allowance to the
person or persons entitled under the laws governing the distribution of
intestate estates in the State of the decedent's personal domicile.
(Authority: 38 U.S.C. 2306(d))

\(2\) The amount of the allowance payable is the lesser of the
following:

\(i\) Actual cost of acquiring a non-Government headstone or marker or,
if death occurred prior to December 18, 1989, the actual cost of adding
the veteran's identifying information to an existing headstone or
marker; or (Authority: 38 U.S.C. 2306(d))

\(ii\) The average actual cost, as determined by VA, of headstones and
markers furnished at Government expense for the fiscal year preceding
the fiscal year in which the non-Government marker was purchased or the
services for adding the veteran's identifying information on an existing
headstone or marker were purchased.

\(3\) The average actual cost of Government-furnished headstones and
markers during any fiscal year is determined by dividing the sum of VA's
costs during that fiscal year for procurement, transportation, Office of
Memorial Programs and miscellaneous administration, inspection and
support staff by the total number of headstones and markers procured by
VA during that fiscal year and rounding to the nearest whole dollar
amount. The resulting average actual cost is published at the end of
each fiscal year in the "Notices" section of the *Federal Register*.
(Authority: 38 U.S.C. 2306(d))

\(4\) The following applies to joint or multiple headstones or markers:

\(i\) When a joint or multiple non-Government headstone or marker is
purchased subsequent to the veteran's death, the amount set forth in
paragraph (e)(2)(ii) of this section shall be available as reimbursement
for the cost of the veteran's portion of the joint or multiple headstone
or marker.

\(ii\) When a joint or multiple non-Government headstone or marker is
existent at the time of the veteran's death, the allowance payable as
reimbursement under paragraph (e)(2) of this section shall be determined
based on the cost of the services for adding the veteran's identifying
information.

\(f\) *Payment of allowance prohibited.* This monetary allowance shall
not be paid when a Government headstone or marker has been requested or
issued under the provisions of §1.631(a) (2) and (b) of this chapter.

\(g\) *Claims*. There is no time limit for filing claims for monetary
allowance in lieu of a Government-furnished headstone or marker.

\(h\) The monetary allowance in lieu of a Government-furnished headstone
or marker is not payable if death occurred on or after November 1, 1990.
(Authority: Pub. L. 101-508)

\[44 FR 58711, Oct. 11, 1979, as amended at 47 FR 19131, May 4, 1982; 49
FR 19653, May 9, 1984; 51 FR 17629, May 14, 1986; 52 FR 34910, Sept. 16,
1987; 55 FR 50323, Dec. 6, 1990; 56 FR 25045, June 3, 1991; 56 FR 65851,
Dec. 19, 1991; 61 FR 20727, May 8, 1996\]

*End Part 3*

*End of Book B*

**Reserved**