d. Service Certified as Active Military Service under PL 95-202 Under Section 401 of Public Law (PL) 95-202, enacted November 23, 1977, service which had not been recognized as active military service was certified as such for certain groups of individuals. Burial benefits can be paid for a Veteran who died before the Department of Defense (DoD) recognizes the Veteran’s service as active military service under the public law. However, payment may not exceed the rate in effect at the time of burial. Note: The public law generally applies to Veterans who served as civilians during World War II. However, there is no ending date to the public law. DoD still has authority to recognize service as active military service under the public law. Reference: For more information on groups whose service has been certified as active military service under PL 95-202, see , and . e. Service Department Certification of Active Federal Service If the military service department certifies that there has been active Federal service, accept this as a basis for adjudicating benefits if the individual was, in fact, mustered into Federal service, unless there is evidence to the contrary. Reference: For identification of certain individuals who had active Federal service that may not be recognized by the service department, see . f. Eligible Veterans' Loyalty Clearance If a Veteran resided in a country considered an enemy of the , a decision concerning his/her loyalty or forfeiture of benefits would have been required to pay him/her benefits. For burial claims, in the absence of a decision or forfeiture, the Veteran’s loyalty clearance will not be required. References: For more information on eligible Veteran’s loyalty clearance, see , , and M21-1, Part III, Subpart iii, 1.C.10. g. Suicide as the Cause of Death by suicide does not preclude the payment of burial benefits. However, the service-connected (SC) death burial allowance may be granted only if the suicide can be linked to a disability that is subject to service connection. References: For more information on suicide and mental unsoundness, see , and , and rating SC death, see M21-1, Part IV, Subpart iii, 2.A.
2. Eligibility for SC Death Burial Allowance Introduction This topic contains information on eligibility criteria for the SC death burial allowance, including payment amount for SC death burial allowance general eligibility for SC death burial allowance presumption of SC death for Veterans with 100 percent SC evaluations at time of death treatment of individual unemployability (IU) for SC death burial allowance SC death eligibility exception for Dependency and Indemnity Compensation (DIC), and allowances payable in addition to the SC death burial allowance. Change Date November 20, 2015 a. Payment Amount for SC Burial Allowance Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VA will pay the maximum burial allowance. Reference: For the maximum SC death burial allowance, see . b. General Eligibility for SC Death Burial Allowance An SC burial allowance is payable for Veterans who died as a result of SC disability or disabilities. Exception: The SC death burial allowance is not payable if the Veteran’s remains are unclaimed. References: For more information on the SC burial allowance, see , and . c. Presumption of SC for Veterans With 100 Percent SC Unless is evidence to the contrary on the date VA receives notice of the Veteran’s death, presume that a Veteran died from SC disability or disabilities if the Veteran had SC disability or disabilities rated 100 percent at the time of his or her death.