**Subpart B---Burial Benefits**

Authority: 105 Stat. 386, 38 U.S.C. 501(a), 2302--2308,

unless otherwise noted.

3.1600 Payment of burial expenses of deceased veterans 3.1600-1

3.1601 Claims and evidence 3.1601-1

3.1602 Special conditions governing payments 3.1602-1

3.1603 Authority for burial of certain unclaimed bodies 3.1603-1

3.1604 Payments from non-Department of Veterans Affairs sources 3.1604-1

3.1605 Death while traveling under prior authorization or

while hospitalized by the Department of Veterans Affairs 3.1605-1

3.1606 Transportation items 3.1606-1

3.1607 Cost of flags 3.1607-1

3.1608 Nonallowable expenses 3.1608-1

3.1609 Forfeiture 3.1609-1

3.1610 Burial in National cemeteries 3.1610-1

3.1611 Official Department of Veterans Affairs representation at funeral
3.1611-1

3.1612 Monetary allowance in lieu of a Government-furnished

headstone or marker 3.1612-1

**§3.1600 Payment of burial expenses of deceased veterans.**

For the purpose of payment of burial expenses the term "veteran"
includes a person who died during a period deemed to be active military,
naval or air service under §3.6(b)(6). The period of active service upon
which the claim is based must have been terminated by discharge or
release from active service under conditions other than dishonorable.

\(a\) *Service-connected death and burial allowance*. If a veteran dies
as a result of a service-connected disability or disabilities, an amount
not to exceed the amount specified in 38 U.S.C. 2307 (or if entitlement
is under §3.40(b), (c), or (d), an amount computed in accordance with
the provisions of §3.40(b) or (c)) may be paid toward the veteran's
funeral and burial expenses including the cost of transporting the body
to the place of burial. Entitlement to this benefit is subject to the
applicable further provisions of this section and §§3.1601 through
3.1610. Except as provided in §3.1604(d)(5), payment of the
service-connected death burial allowance is in lieu of payment of any
benefit authorized under paragraph (b), (c) or (f) of this section.
(Authority: 38 U.S.C. 2307)

\(b\) *Nonservice-connected death burial allowance*. If a veteran's
death is not service-connected, an amount not to exceed the amount
specified in 38 U.S.C. 2302 (or if entitlement is under §3.40(b), (c),
or (d), an amount computed in accordance with the provisions of §3.40(b)
or (c)) may be paid toward the veteran's funeral and burial expenses
including the cost of transporting the body to the place of burial.
Entitlement is subject to the following conditions:

\(1\) At the time of death the veteran was in receipt of pension or
compensation (or but for the receipt of military retirement pay would
have been in receipt of compensation); or

\(2\) The veteran has an original or reopened claim for either benefit
pending at the time of the veteran's death, and

\(i\) In the case of an original claim there is sufficient evidence of
record on the date of the veteran's death to have supported an award of
compensation or pension effective prior to the date of the veteran's
death, or

\(ii\) In the case of a reopened claim, there is sufficient prima facie
evidence of record on the date of the veteran's death to indicate that
the deceased would have been entitled to compensation or pension prior
to date of death. If the Department of Veterans Affairs determines that
additional evidence is needed to confirm that the deceased would have
been entitled prior to death, it shall be submitted within 1 year from
date of request to the burial allowance claimant for submission of the
confirming evidence. If the confirming evidence is not received by the
Department of Veterans Affairs within 1 year from date of request, the
burial allowance claim shall be disallowed; or

\(3\) The deceased was a veteran of any war or was discharged or
released from active military, naval, or air service for a disability
incurred or aggravated in line of duty, and the body of the deceased is
being held by a State (or a political subdivision of a State) and the
Secretary determines,

\(i\) That there is no next of kin or other person claiming the body of
the deceased veteran, and

\(ii\) That there are not available sufficient resources in the
veteran's estate to cover burial and funeral expenses; and (Authority:
38 U.S.C. 2302(a))

\(4\) The applicable further provisions of this section and §§3.1601
through 3.1610. (Authority: 38 U.S.C. 501(a), 2302)

\(c\) *Death while properly hospitalized.* If a person dies from
non-service­connected causes while properly hospitalized by VA, there is
payable an allowance not to exceed the amount specified in 38 U.S.C.
2303(a) for the actual cost of the person's funeral and burial, and an
additional amount for transportation of the body to the place of burial.
For burial allowance purposes, the term "hospitalized by VA" means
admission to a VA facility (as described in 38 U.S.C. 1701(3)) for
hospital, nursing home, or domiciliary care under the authority of 38
U.S.C. 1710 or 1711(a); admission (transfer) to a non-VA facility (as
described in 38 U.S.C. 1701(4)) for hospital care under the authority of
38 U.S.C. 1703; admission (transfer) to a nursing home under the
authority of 38 U.S.C. 1720 for nursing home care at the expense of the
United States; or admission (transfer) to a State nursing home for
nursing home care with respect to which payment is authorized under the
authority of 38 U.S.C. 1741. (If the hospitalized person's death is
service-connected, entitlement to the burial allowance and
transportation expenses fall under paragraphs (a) and (g) of this
section instead of this paragraph.) (Authority: 38 U.S.C. 2303(a))

\(d\) *Determinations.* Where a claim for burial allowance would be or
has been disallowed because the service department holds that the
disability was not incurred in line of duty and evidence is submitted
which permits a different finding, the decision of the service
department is not binding and the Department of Veterans Affairs will
determine line of duty. The burden of proof will rest upon the claimant.

\(e\) *Persons not included.* Except as provided in §3.1605(c) burial
allowance is not payable in the following cases:

\(1\) A discharged or rejected draftee or selectee.

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

\(3\) An alien who does not come within the purview of §3.7(b).

\(4\) Philippine Scouts enlisted on or after October 6, 1945, under
section 14, Pub. L. 190, 79th Congress.

\(5\) Temporary members of the Coast Guard Reserve.

\(f\) *Plot or interment allowance*. A plot or interment allowance is
payable to the person or entity who incurred the expenses in an amount
not to exceed the amount specified in 38 U.S.C. 2303(b) (or if the
entitlement is under §3.40 (c) or (d), an amount computed in accordance
with the provisions of §3.40(c)) if the following conditions are met:

\(1\) For claims filed on or after December 16, 2003:

\(i\) The deceased veteran is eligible for burial in a national
cemetery;

\(ii\) The veteran is not buried in a national cemetery or other
cemetery under the jurisdiction of the United States;

\(iii\) The applicable further provisions of this section and §§3.1601
through 3.1610.

\(2\) For claims filed before December 16, 2003:

\(i\) The deceased veteran is eligible for the burial allowance under
paragraph (b) or (c) of this section; or

\(ii\) The veteran served during a period of war and the conditions set
forth in §3.1604(d)(1)(ii)-(v) (relating to burial in a state veterans'
cemetery) are met; or (Authority: 38 U.S.C. 2303(b)(2))

\(iii\) The veteran was discharged from the active military, naval, or
air service for a disability incurred or aggravated in line of duty (or
at time of discharge has such a disability, shown by official service
records, which in medical judgment would have justified a discharge for
disability; the official service department record showing that the
veteran was discharged or released from service for disability incurred
in line of duty will be accepted for determining entitlement to the plot
or interment allowance notwithstanding that the Department of Veterans
Affairs has determined, in connection with a claim for monetary
benefits, that the disability was not incurred in line of duty); and

\(iv\) The veteran is not buried in a national cemetery or other
cemetery under the jurisdiction of the United States; and

\(v\) The applicable further provisions of this section and §§3.1601
through 3.1610. (Authority: 38 U.S.C. 2303(b))

\(g\) *Transportation expenses for burial in national cemetery.* Where a
veteran dies as the result of a service-connected disability, or at the
time of death was in receipt of disability compensation (or but for the
receipt of military retired pay or nonservice-connected disability
pension would have been entitled to disability compensation at time of
death ), there is payable, in addition to the burial allowance (either
the amount specified in 38 U.S.C. 2302 or the amount specified in 38
U.S.C. 2307 if the cause of death was service connected), an additional
amount for payment of the cost of transporting the body to the national
cemetery for burial. This amount may not exceed the cost of transporting
the body from the veteran's place of death to the national cemetery
nearest the veteran's last place of residence in which burial space is
available. The amounts payable under this paragraph are subject to the
limitations set forth in §§3.1604 and 3.1606.

\[26 FR 1620, Feb. 24, 1961, as amended at 44 FR 22721, Apr. 17, 1979;
47 FR 11012, Mar. 15, 1982; 48 FR 41162, Sept. 14, 1983; 52 FR 34909,
Sept. 16, 1987; 56 FR 25045, June 3, 1991; 60 FR 18356, Apr. 11, 1995;
62 FR 35423, July 1, 1997; 71 FR 8222, Feb. 16, 2006; 71 FR 44919, Aug.
8, 2006\]

**Supplement *Highlights* references**: 15(3), 30(1), 70(1), 72(2).

**Cross references:** Definitions; veterans See §3.1(d). Protection;
burial allowance. See §3.954.