38 C.F.R. § 3.1703

Claims for burial benefits

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(a) When claims must be filed— (1) General rule. Except as provided in paragraph (a)(2) of this section, VA must receive a claim for the non-service-connected burial allowance for veterans described within § 3.1705(b) or § 3.1708(b) no later than 2 years after the burial of the veteran. There are no other time limitations to file claims for burial benefits under subpart B of this part.

(2) Correction of character of discharge. If the non-service-connected burial allowance was not payable at the time of the veteran's death or burial because of the character of the veteran's discharge from service, VA may pay the allowance if a competent authority corrects the deceased veteran's discharge to reflect a discharge under conditions other than dishonorable. Claims for the non-service-connected burial allowance must be filed no later than 2 years after the date that the discharge was corrected.

(b) Supporting evidence—(1) General rule. In order to pay burial benefits, VA must receive all of the following:

(i) A claim, except as provided in § 3.1702(a);

(ii) Proof of the veteran's death in accordance with § 3.211, Death; and

(iii) For persons listed under § 3.1702(b), except as provided in § 3.1702(a), a statement certifying that the claimant incurred burial, plot or interment, or transportation costs of the deceased veteran.

(2) Payment for transportation expenses. In order to pay transportation costs, VA must receive supporting documentation, preferably on letterhead, showing who incurred the costs, the name of the deceased veteran, the specific transportation expenses incurred, and the dates of the services rendered.

(3) Eligibility based on evidence of record. VA may establish eligibility for benefits in this subpart based upon evidence of service and disability that VA relied upon to grant disability compensation or pension during the veteran's lifetime, unless VA has some other evidence on the date that it receives notice of the veteran's death that creates doubt as to the correctness of that evidence.

(The information collection requirements in this section are approved by the Office of Management and Budget under control number 2900-0003) (Authority: 38 U.S.C. 2304, 5107(a)) [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]

Notes of Decisions

Cited in 3 cases, 2018–2020 · leading case: 15-08 051 (Board of Vet. App. 2018).

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15-08 051 (Board of Vet. App. 2018). · cites it 3× “1601 (a) (now 38 C.F.R. § 3.1703 (a)). In the appellant's July 2018 motion for reconsideration, the appellant explained that he filed a claim for dependency and indemnity compensation (DIC) within two years of the appellant's burial, the intent of which was to claim entitlement…”

191016-37835 (Board of Vet. App. 2019). · cites it 2× “§ 2304 ; 38 C.F.R. § 3.1703 (a). This time limit also applies to claims for a plot or interment allowance under 38 C.”

191202-46870 (Board of Vet. App. 2020). “§ 2304 ; 38 C.F.R. § 3.1703 (a). Here, the application for burial benefits was not filed within two years of the Veteran’s burial, as he was buried in March 2012 and the claim was filed in November 2018.”

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