[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.1600]

[Page 338-340]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3--ADJUDICATION--Table of Contents
 
                       Subpart B--Burial Benefits
 
Sec. 3.1600  Payment of burial expenses of deceased veterans.

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


    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 Sec. 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 Sec. 3.40 (c) or (d), an amount computed in accordance with the 
provisions of Sec. 3.40(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 Secs. 3.1601 through 3.1610. 
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 Sec. 3.40 (c) or 
(d), an amount computed in accordance with the provisions of 
Sec. 3.40(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))


[[Page 339]]


    (4) The applicable further provisions of this section and 
Secs. 3.1601 through 3.1610.


(Authority: 38 U.S.C. 501, 2302)

    (c) Death while properly hospitalized. If a person dies from non-
service-connected 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 Sec. 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 Sec. 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. When a veteran dies from 
nonservice-connected causes, an amount not to exceed the amount 
specified in 38 U.S.C. 2303(b) (or if the entitlement is under Sec. 3.40 
(c) or (d), an amount computed in accordance with the provisions of 
Sec. 3.40(c)) may be paid as a plot or interment allowance. The plot or 
interment allowance is payable to the person or entity who incurred the 
expenses. (For payment to a State or political subdivision thereof, see 
Sec. 3.1604(c).) Entitlement is subject to the following conditions:
    (1) The deceased veteran is eligible for the burial allowance under 
paragraph (b) or (c) of this section; or
    (2) The veteran served during a period of war and the conditions set 
forth in Sec. 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))

    (3) 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
    (4) The veteran is not buried in a national cemetery or other 
cemetery under the jurisdiction of the United States; and

[[Page 340]]

    (5) The applicable further provisions of this section and 
Secs. 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 Secs. 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]

    Cross References: Definitions; veterans See Sec. 3.1(d). Protection; 
burial allowance. See Sec. 3.954.