(a) General rule. VA will pay the maximum burial allowance specified in 38 U.S.C. 2307 for the burial and funeral expenses of a veteran described in paragraph (b) of this section, unless VA has evidence on the date it receives notice of the veteran's death that the expenses incurred were less than that amount. Payment of the service-connected burial allowance is in lieu of other allowances authorized by subpart B of this part, except those allowances listed in paragraph (c) of this section.
(b) Eligibility. A burial allowance is payable under this section for a veteran who died as a result of a service-connected disability or disabilities. VA will presume, unless it has evidence to the contrary on the date it receives notice of the veteran's death, that a veteran died as a result of a service-connected disability or disabilities if, at the date of death, the veteran was rated totally disabled for a service-connected disability or disabilities, excluding a total disability rating based on individual unemployability.
(c) Additional allowances available based on service-connected death. In addition to the service-connected burial allowance authorized by this section:
(1) VA may pay the transportation benefit under § 3.1709; and
(2) VA may pay the plot or interment allowance under § 3.1707(b).
(Authority: 38 U.S.C. 2303, 2307, 2308)
Cross Reference: § 3.1(i), for the definition of “State”.[79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2015–2022 · leading case:
200113-63837 (Board of Vet. App. 2020).
200113-63837 (Board of Vet. App. 2020).
“See 38 C.F.R. §§ 3.1704 ; 3.1600. The Board’s analysis will focus on the regulations pertaining to nonservice-connected burial benefits, as service-connected burial benefits are not warranted.”
Kriner v. McDonough (Fed. Cir. 2022).
“§ 2307, which may be presumed if the veteran was rated totally disabled for a service-connected disability at death, see 38 C.F.R. § 3.1704 (b). As the Veterans Court ex- plained, Mr.”
Kriner v. McDonough (Fed. Cir. 2022).
“§ 2307, which may be presumed if the veteran was rated totally disabled for a service-connected disability at death, see 38 C.F.R. § 3.1704 (b). As the Veterans Court ex- plained, Mr.”
11-08 888 (Board of Vet. App. 2015).
“38 C.F.R. §§ 3.1704 , 3.1705. In order to establish service connection for the cause of the veteran's death, the evidence must show that a disability incurred in or aggravated by active service was the principal or contributory cause of death.”
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