38 U.S.C. § 2308 (VETERANS’ BENEFITS)
§ 2308. Transportation of deceased veteran to a national cemetery
Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Secretary may pay, in addition to any amount paid pursuant to section 2302 or 2307 of this title, the cost of transportation of the deceased veteran for burial in a national cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available.
(Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420.)
heading: Amendment of Section
text: Pub. L. 112–260, title I, § 104(b)(2), (3), Jan. 10, 2013, 126 Stat. 2420, provided that, effective on the date that is one year after Jan. 10, 2013, and applicable with respect to burials and funerals occurring on or after that date, this section is amended as follows:
(1) by striking “Where a veteran” and all that follows through “compensation, the” and inserting “(a) In General.—The”;
(2) by inserting “described in subsection (b)” after “of the deceased veteran”; and
(3) by adding at the end the following:
(b) Deceased Veteran Described.—A deceased veteran described in this subsection is any of the following veterans:
(1) A veteran who dies as the result of a service-connected disability.
(2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).
(3) A veteran whom the Secretary determines is eligible for funeral expenses under section 2302 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(A) of such section.
See 2013 Amendment note below.
heading: Amendments
text: 2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary” for “Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Secretary”, inserted “described in subsection (b)” after “of the deceased veteran”, and added subsec. (b).
1991—Pub. L. 102–83 renumbered section 908 of this title as this section and substituted “2302 or 2307” for “902 or 907”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
heading: Effective Date of 2013 Amendment
text: Amendment by Pub. L. 112–260 effective on the date that is one year after Jan. 10, 2013, and applicable with respect to burials and funerals occurring on or after that date, see section 104(b)(3) of Pub. L. 112–260, set out as a note under section 2302 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amendment note under section 1101 of this title.