The VA has an excellent website on Burial Benefits at: http://www.cem.va.gov/burial.htm
The following is a series of questions and answers on various burial benefits. It can be complicated to separate out the entitlement. Death causes stress in all families and it is best to obtain assistance when filing for these benefits.
* Who can be buried in a National Cemetery?
1. A vet who served on active duty and discharged under other than dishonorable conditions.
2. Persons who die on active duty.
3. A reservist who dies while hospitalized or undergoing treatment at government expense or dies as a result of an injury or disease contracted while on active duty (Reserve includes National Guard)
4. Member of Army, Navy or Air Force ROTC that dies traveling to or attending authorized training camp or practice cruise, or you die while hospitalized or under treatment at government expense for an injury or a disease incurred at camp or in travel to camp.
5. Those who served during war with an allied force and are a U.S. citizen when you die.
6. Unmarried spouse who survived the veteran, and remarried spouse over the age of 57.
Editor’s note: This reflects a 2003 change in the law. Up to this time remarriage to a non-veteran terminated burial rights.
7. Veteran's minor child.
Remember that there are people in your medical facility that deal specifically with death and burial. Usually, this is called Decedent Affairs.
* Can anyone eligible to be buried in a National Cemetery be buried in any National Cemetery that they want?
The answer to the question is No. Some of the existing National Cemeteries are already full, and it is impossible to be buried in them.
Currently the VA maintains well over 100 National Cemeteries. You cannot specify the cemetery in which you want to be buried; it is a matter of space availability in an existing cemetery. You cannot reserve a space in advance. Estimates run as high as 10% of veterans eligible for this service utilize it.
The VA is attempting to expand its cemetery capacity. To reach the VA Cemetery Service call: 1 800 697 6947.
Or go to: http://www.cem.va.gov/nchp.htm
* Are there cash payments from the VA when a veteran dies?
1. For deaths prior to December 18, 1989 there was a cash allowance for grave markers for those that did not use government-furnished headstones. This was in the 100 dollar range. In cases of death after this date, there is no allowance. Originally there was a two year window to apply, but General Counsel reversed this, and there is no time limit for application.
The wording on the regulation is very, very confusing. It is worthwhile for an individual to obtain assistance at RO.
2. Reimbursement for Burial Allowances. There are 4 different kinds:
a. Service Connected Death
a.
b. There is a payment, but the VA must agree that the death was linked to an SC cause. The amount is about $2000. And since it is reimbursement it probably should be stated as up to $2000.
b. Non Service Connected Death
Please note, you must be drawing compensation or pension from the VA or have a claim pending and the claim must be sufficient to allow the awarding of benefits. If the death is from a non-service connected cause the amount is about $300.
This dollar amount can be available in two other instances:
- A veteran with a non SC disability dies in a VA hospital, a VA nursing home (or one paid for by the VA) or a domiciliary (VA)
- The CFR (Code of Federal Regulations) at 3.1600 makes this payment allowable to vets with no next of kin.
c. Plot Allowance
There is a $300 allowance for a vet discharged from active duty due to a disability, died while receiving pension or compensation, or died while in a VA facility. This is not paid when a National Cemetery is used. This allowance is not available if the cause of death is service connected, and then it is covered under the first allowance mentioned.
There is a 2 year window in filing for this.
d. Transportation Expenses to a National Cemetery
This allowance covers shipping, permits, shipping case, cost of sealing the case and two pickups by a hearse. It is covered by 38 CFR 3.1606.
This is not available to everyone. It is available when a person: Dies of a service connected death, and is in receipt of compensation, or could be (they may be drawing military retirement instead). Or, the vet dies in VA facility.
There is no deadline on filing for this.
Cremation
There are certain benefits and reimbursement related to cremation. It is suggested you contact Regional Office for further details on entitlements, to include interment at a National Cemetery.
Requesting a Ceremonial Flag
Flags may be obtained by going through:
· VA Regional Office
· National Cemetery And
· Most Post Offices
A Presidential Memorial Certificate can be obtained from Regional Office.
Eligibility for a Ceremonial flag includes other than dishonorable discharge and any of the following:
· Veteran of any war
· Served at least one enlistment
· Discharged for active service for a disability incurred or aggravated in the line of duty
· Served after January 31, 1955
The VA will not reimburse for privately purchased flags.
PLEASE NOTE: In the event of death, VA checks for the month of death must be returned to Regional Office. As of October 1996 the family will be paid for the final month (prorated). The original check must be returned because there is no one to legally endorse it.
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