Applications for payments under section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran’s discharge from the service, but after the veteran’s death the veteran’s discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.
Notes of Decisions
Cited in
5
cases, 1994–2020 · leading case:
Moffitt v. Brown, 10 Vet. App. 214 (Vet. App. 1997).
Moffitt v. Brown, 10 Vet. App. 214 (Vet. App. 1997).
“In the present ease, the Board found that “the appellant failed to comply with [VA’s] request for additional evidence in a timely manner” and that therefore she was not entitled to benefits under 38 U.S.C. § 2304 and 38 C.F.R. § 3.1601 (b).”
Thompson v. Brown, 6 Vet. App. 436 (Vet. App. 1994).
· cites it 4× “§ 2302 was untimely as it was not filed within two years of the veteran’s burial as set forth in 38 U.S.C. § 2304 . R. at 4. In her timely appeal to this Court, appellant contends (1) that her application for DIC in 1990 should also be construed as a timely application for…”
15-08 051 (Board of Vet. App. 2018).
· cites it 2× “See 38 U.S.C. § 2304 ; 38 C.F.R. § 3.1601 (a) (now 38 C.”
191016-37835 (Board of Vet. App. 2019).
“38 U.S.C. § 2304 ; 38 C.F.R. § 3.1703 (a).”
191202-46870 (Board of Vet. App. 2020).
“38 U.S.C. § 2304 ; 38 C.F.R. § 3.1703 (a).”
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