38 U.S.C. § 2307
Death from service-connected disability
In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of section 2303 of this title.
Notes of Decisions
Cited in 7
cases, 1994–2014 · leading case: Mintz v. Brown, 6 Vet. App. 277 (Vet. App. 1994).
Mintz v. Brown, 6 Vet. App. 277 (Vet. App. 1994). “38 U.S.C. § 2307 . Any amount paid under § 2307 is in lieu of burial benefits paid under § 2302 or § 2303.”
Moffitt v. Brown, 10 Vet. App. 214 (Vet. App. 1997). “Service-connected benefíts: The Board found that because service connection has not been granted for the cause of the veteran’s death, there is no basis for entitlement to service-connected burial benefits under 38 U.S.C. § 2307 . A veteran must die “as the result of a…”
Kilpatrick v. Principi, 16 Vet. App. 1 (Vet. App. 2002). “at 282-83 ; see also 38 U.S.C. § 2307 (providing for payment of burial and funeral expenses for deceased veteran who “dies as the result of a service-connected disability”).”
Alleman v. Principi, 16 Vet. App. 253 (Vet. App. 2002). “However, such a claimant would not be entitled to chapter 23 burial benefits, including reimbursement of $1500 under 38 U.S.C. § 2307 , unless service connection is established under a statutory provision other than 38 U.”
David L. Hornick v. Eric K. Shinseki, 24 Vet. App. 50 (Vet. App. 2010). “at 5 (quoting 38 U.S.C. § 2307 ). The Court found determinative the statutory eligibility criteria for the ancillary benefit the veteran was seeking, noting *54 that “by its very terms, section 1151 relates only to the award of compensation under chapters 11 and 13.”
Turner v. Gober, 14 Vet. App. 224 (Vet. App. 2000). “at 25; see 38 U.S.C. § 2307 . She also sought reimbursement for $2,075 spent for the transfer of the veteran’s remains from the New York hospital in which he had died, to Louisville, Kentucky, where he was buried.”
12-22 369 (Board of Vet. App. 2014). “See 38 U.S.C.A. § 2307 (West 2002 & Supp. 2013); 38 C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.