**§3.1605 Death while traveling under prior authorization or while
hospitalized**

**by the Department of Veterans Affairs.**

An amount may be paid not to exceed the amount payable under §3.1600 for
the funeral, burial, plot, or interment expenses of a person who dies
while in a hospital, domiciliary, or nursing home to which he or she was
properly admitted under authority of the Department of Veterans Affairs.
(See §3.1600(c)). In addition, the cost of transporting the body to the
place of burial may be authorized. The amount payable under this section
is subject to the limitations set forth in paragraph (b) of this
section, and §§3.1604 and 3.1606.

\(a\) *Death enroute.* When a veteran while traveling under proper prior
authorization and at Department of Veterans Affairs expense to or from a
specified place for the purpose of:

\(1\) Examination; or

\(2\) Treatment; or

\(3\) Care

dies enroute, burial, funeral, plot, interment, and transportation
expenses will be allowed as though death occurred while properly
hospitalized by the Department of Veterans Affairs. Hospitalization in
the Philippines under 38 U.S.C. 1731, 1732, and 1733 does not meet the
requirements of this section.

\(b\) *Transportation.* Except for retired persons hospitalized under
section 5 of Executive Order 10122 (15 FR 2173; 3 CFR 1950 Supp.) issued
pursuant to Pub. L. 351, 81st Congress, and not as Department of
Veterans Affairs beneficiaries, the cost of transportation of the body
to the place of burial in addition to the burial and plot or interment
allowance will be provided by the Department of Veterans Affairs where
death occurs:

\(1\) Within a State or the Canal Zone (38 U.S.C. 101(20)) while the
veteran is hospitalized by the Department of Veterans Affairs and the
body is buried in a State or the Canal Zone; or

\(2\) While hospitalized within but burial is to be outside of a State
or the Canal Zone, except that cost of transportation of the body will
be authorized only from place of death to port of embarkation, or to
border limits of United States where burial is in Canada or Mexico.

\(c\) *Extended entitlement.* Entitlement extends to the following
persons who die while properly hospitalized by the Department of
Veterans Affairs:

\(1\) Discharged or rejected draftees; or

\(2\) Members of the National Guard who reported to camp in answer to
the President's call for World War I, World War II, or Korean service,
but who when medically examined were not finally accepted for active
military service; or

\(3\) A veteran discharged under conditions other than dishonorable from
a period of service other than a war period.

\(d\) *Persons properly hospitalized.* A person properly hospitalized
who dies:

\(1\) While on authorized absence which has not exceeded 96 hours at
time of death;

\(2\) While in a status of unauthorized absence for a period not in
excess of 24 hours; or

\(3\) While absent from the hospital for a period totaling 24 hours of
combined authorized and unauthorized absence (all other cases in which
such absence arises at the expiration of an authorized absence are not
included);

is considered as having died while hospitalized.

\(e\) *Persons not properly hospitalized.* Where a deceased person was
not properly hospitalized, benefits will not be authorized under this
section.

\[26 FR 1621, Feb. 24, 1961, as amended at 26 FR 7738, Aug. 18, 1961; 31
FR 5757, Apr. 14, 1966; 32 FR 3743, Mar. 4, 1967; 36 FR 22144, Nov. 20,
1971; 38 FR 30107, Nov. 1, 1973; 44 FR 22722, Apr. 17, 1979; 48 FR
41162, Sept. 14, 1983\]