38 U.S.C. § 2308

Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

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(a)In General.—The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available.(b)Deceased Veteran Described.—A deceased veteran described in this subsection is any of the following veterans:(1) A veteran who dies as the result of a service-connected disability.(2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).(3) A veteran whom the Secretary determines is eligible for funeral expenses under section 2303 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section.(c)Covered Veterans’ Cemetery Defined.—In this section, the term “covered veterans’ cemetery” means a veterans’ cemetery—(1) in which a deceased veteran described in subsection (b) is eligible to be buried;(2) that—(A) is owned by a State; or(B) is on trust land owned by, or held in trust for, a tribal organization; and(3) for which the Secretary has made a grant under section 2408 of this title.(Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§ 2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.)Editorial NotesAmendments

2021—Pub. L. 116–315, § 2201(c), inserted “or a covered veterans’ cemetery” after “national cemetery” in section catchline.

Subsec. (a). Pub. L. 116–315, § 2202(b)(1)(C)(i), substituted “pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title,” for “pursuant to section 2302 or 2307 of this title,”.

Pub. L. 116–315, § 2201(a), substituted “in a national cemetery or a covered veterans’ cemetery” for “in a national cemetery”.

Subsec. (b)(3). Pub. L. 116–315, § 2202(b)(1)(C)(ii), substituted “section 2303” for “section 2302” and “subsection (a)(2)(C)” for “subsection (a)(2)(A)”.

Subsec. (c). Pub. L. 116–315, § 2201(b), added subsec. (c).

2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary” for “Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Secretary”, inserted “described in subsection (b)” after “of the deceased veteran”, and added subsec. (b).

1991—Pub. L. 102–83 renumbered section 908 of this title as this section and substituted “2302 or 2307” for “902 or 907”.

1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.

Statutory Notes and Related SubsidiariesEffective Date of 2021 Amendment

Pub. L. 116–315, title II, § 2201(e), Jan. 5, 2021, 134 Stat. 4983, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”

Amendment by section 2202(b)(1)(C) of Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of this title.

Effective Date of 2013 Amendment

Pub. L. 112–260, title I, § 104(b)(3), Jan. 10, 2013, 126 Stat. 2420, provided that: “The amendments made by this subsection [amending this section and section 2302 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to burials and funerals occurring on or after the date that is one year after the date of the enactment of this Act.”

Effective Date

Section effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amendment note under section 1101 of this title.

Notes of Decisions

Cited in 2 cases, 1994–2000 · leading case: Mintz v. Brown, 6 Vet. App. 277 (Vet. App. 1994).

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Mintz v. Brown, 6 Vet. App. 277 (Vet. App. 1994). · cites it 2× “Finally, pursuant to 38 U.S.C. § 2308 , if a veteran’s death resulted from a service-connected disability or if the veteran had been in receipt of disability compensation, the cost of transportation to a national cemetery may be paid in addition to § 2303 or § 2307 burial…”

Turner v. Gober, 14 Vet. App. 224 (Vet. App. 2000). · cites it 2× “at 25; see 38 U.S.C. § 2308 . VA granted burial allowance in the amount of $1,050, pursuant to 38 U.”

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