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Updated Jan 10, 2025

In This Section

 
This section contains the following topics:
 
Topic
Topic Name
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 1.  General Veteran Eligibility Criteria

 
 

Introduction

 

This topic contains information on general eligibility criteria a Veteran must have met for the Veterans Benefits Administration (VBA) to pay burial benefits, including

Change Date

 
November 22, 2024

XI.iii.1.B.1.a.  Veterans for Burial Benefits Purposes

 
A Veteran for the purpose of burial benefits is an individual who
  • served in the active military, naval, air, or space service, and
  • was discharged or released under conditions other than dishonorable.
Reference:  For more information on the definition of a Veteran for the purpose of burial benefits, see

XI.iii.1.B.1.b.  Verifying a Veteran’s Service for Burial Benefits

 
A Veteran must have had one qualifying period of other than dishonorable service for burial benefits to be payable.
 
To verify qualifying service for entitlement to burial benefits, use the evidence on which the Department of Veterans Affairs (VA) relied to pay benefits during the Veteran’s lifetime, unless there is evidence that creates doubt as to its validity.
 
If the Veteran was never in receipt of VA benefits and acceptable documentation verifying service is not of record
  • request verification from the Veteran’s service department via the Personnel Information Exchange System (PIES), and/or
  • ask the claimant to submit a copy or certified copy of
    • DD Form 214, Certificate of Uniformed Service, or
    • Certificate of Discharge
  • review service information within Veteran Information Solution (VIS), or
  • submit a Defense Personnel Records Information Retrieval System (DPRIS) request.
Exception:  If the Veteran’s body is unclaimed, the National Cemetery Scheduling Office (NCSO) will verify service and determine eligibility for burial in a VA national cemetery.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.k to verify Veteran status in matters where burial arrangements for unclaimed remains are pending.
 
Notes:
  • A DD Form 214 or equivalent report of separation showing character of service submitted by a State cemetery is acceptable proof of service for State Plot burial benefits as noted in M21-1, Part III, Subpart i, 1.B.3.a.
  • Concede service as verified for
    • burial purposes only if there is evidence that the Veteran is buried in a national cemetery when there is no service verified and annotate the award that service is conceded because the Veteran is buried in a national cemetery, or
    • claims based on unclaimed remains, if all of the following criteria are met
      • there is no service verified, and a DD Form 214 or equivalent report of separation showing character of service as noted in M21-1, Part III, Subpart i, 1.B.2 is of record, and
      • in the opinion of the claims processor, the discharge document is genuine and unaltered, and the information contained in it is accurate.
  • If service is conceded for a claim based on unclaimed remains, annotate the award, Service is conceded based on documentation submitted with the claim.
References:  For more information on

XI.iii.1.B.1.c.  Service Members Who Died During Military Service

 
VA burial benefits are not payable for a service member who died while serving on active military duty.  The military service department covers the cost of the burial or plot or interment allowance, not VA.

XI.iii.1.B.1.d.  Service Certified as Active Military Service Under PL 95-202

 
Under Section 401 of Public Law (PL) 95-202, enacted November 23, 1977, service which had not been recognized as active military service was certified as such for certain groups of individuals.
 
Burial benefits can be paid for a Veteran who died before the Department of Defense (DoD) recognizes the Veteran’s service as active military service under the PL.  However, payment may not exceed the rate in effect at the time of burial.
 
Notes:
  • The PL generally applies to Veterans who served as civilians during World War II.  However, there is no ending date to the PL.  DoD still has authority to recognize service as active military service under the PL.
  • If a Veteran, whose service was recognized under PL 95-202 (see 38 CFR 3.7(x)) died before the date of recognition, payment may not exceed the statutory rate in effect at the time of the burial.
References:  For more information on

XI.iii.1.B.1.e.  Service Department Certification of Active Federal Service

 
If the military service department certifies that there has been active Federal service, accept this as a basis for adjudicating benefits if the individual was, in fact, mustered into Federal service, unless there is evidence to the contrary.
 
Reference:  For identification of certain individuals who had active Federal service that may not be recognized by the service department, see 38 CFR 3.7(t).

XI.iii.1.B.1.f.  Eligible Veterans’ Loyalty Clearance

 
If a loyalty clearance is required for making a burial benefit decision, see M21-1, Part X, Subpart i, 3.B.6.
 
In the absence of a decision concerning the Veteran’s loyalty or forfeiture of benefits, the Veteran’s loyalty clearance will not be required.
 
Reference:  For more information on an eligible Veteran’s loyalty clearance, see

XI.iii.1.B.1.g.  Suicide as the Cause of Death

 
Death by suicide does not preclude the payment of burial benefits.  However, the service-connected (SC) burial allowance may be granted only if the suicide can be linked to a disability that is subject to service connection.
Exception:  If a death certificate is received with suicide listed as the cause of death, and the Veteran’s SC disabilities are rated 100-percent disabling (excluding individual unemployability (IU)), a rating decision is not required.
 
References:  For more information on
 

 2.  SC Burial Allowance

 
 
Introduction
 

Change Date

 
January 10, 2025

XI.iii.1.B.2.a.  General Eligibility for the SC Burial Allowance

 
An SC burial allowance is payable for Veterans
  • who died as a result of SC disability or disabilities (including 38 U.S.C. 1151)
  • who were rated totally disabled (100 percent) for an SC disability or disabilities at time of death (excluding IU), or
  • when Dependency and Indemnity Compensation (DIC) is granted (including DIC granted under 38 U.S.C. 1318 or 38 U.S.C. 1151).
Exception:  The SC burial allowance is not payable if the Veteran’s remains are unclaimed.  Do not send the claim to the rating activity.
 
Note:  PL 114-315 allows the Veterans Benefits Administration (VBA) to grant SC burial allowance to a surviving spouse without a claim when DIC benefits are granted and the Veteran’s date of death occurred on or after December 16, 2016.  The DIC award establishes entitlement and dependency.
 
VBA may not grant SC burial allowance without a burial claim under PL 114-315 if
  • a previous SC burial claim was submitted by a different claimant based on 38 CFR 3.1702, or
  • the surviving spouse was previously denied SC burial.
Important:  A VA Form 21P-530EZ, Application for Burial Benefits (Under 38 U.S.C. Chapter 23) is only considered an application for burial allowance, plot/interment allowance, and transportation benefit; it is not considered a claim for DIC. A standard application form for DIC benefits is required to evaluate eligibility and entitlement to DIC.
 
References:  For more information on

XI.iii.1.B.2.b.  Payment Amount for the SC Burial Allowance

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum SC burial allowance.
 
Note:  If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
 
References:  For more information on

XI.iii.1.B.2.c.  When to Send a Claim for a Rating Decision on SC Death

 
Unless there is evidence to the contrary on the date VA receives notice of the Veteran’s death, presume for the purposes of burial benefits only, that a Veteran died from SC disability or disabilities if the Veteran had an SC disability or disabilities rated 100 percent at the time of death (excluding IU).
 
Important:  This applies only to eligibility for the SC burial allowance.
 
Use the table below to determine when to send a claim to the rating activity for SC death.
 
If the Veteran’s disability or disabilities are …
Then …
rated 100 percent SC at time of death (excluding IU)
  • grant SC burial allowance, and
  • do not send the claim to the rating activity.
Note:  Do not send a claim to the rating activity for a Dependents’ Educational Assistance (DEA) rating or presumptive service-connection review if administratively granting SC burial.
  • not rated 100 percent SC at time of death, and
  • there is a claim for SC death, or
  • rated 100 percent at time of death due to IU regardless of whether or not there is a claim for SC death
send the claim to the rating activity.
 
Exception:  SC burial allowance is not payable if the Veteran’s remains are unclaimed.
 
References:  For more information on

XI.iii.1.B.2.d.  Treatment of the IU for SC Death Burial Allowance

 
Do not presume that a Veteran’s death resulted from SC disability or disabilities if the Veteran was receiving compensation at the 100-percent rate due to IU.  A rating decision is required to determine SC death entitlement in this case.
 
Exception:  The SC death burial allowance is payable when DIC entitlement is established under 38 U.S.C. 1318.  This is true even though DIC under 38 U.S.C. 1318 may be established when the Veteran was receiving compensation at the 100-percent rate due to IU.

XI.iii.1.B.2.e.  Burial Benefits Payable in Addition to the SC Burial Allowance 

 
In addition to the SC burial allowance, VBA may pay a
Note:  If the Veteran’s death is SC, VA does not pay an additional plot or interment allowance to any individual or estate.  Plot or interment allowance is payable to the State or political subdivision of a State, or tribal organization under 38 U.S.C. 2303(b)(1).

XI.iii.1.B.2.f.  Burial Claim Received After the SC Burial Allowance Is Paid

 
When a claim for SC burial allowance is received after the SC burial allowance has been paid to the proper claimant, deny the new claim for the SC burial allowance and review the claim for entitlement to the transportation benefit.
 
Note:  Per 38 CFR 3.103(b)(3)(iii), if evidence reasonably indicates that a beneficiary is deceased, due process is not required.
 
References:  For more information on

XI.iii.1.B.2.g.  Example:  Burial Claim Received After the SC Burial Allowance Is Paid

 
Situation:  A surviving spouse is automatically paid $2,000 for the SC burial allowance.  Later, the Veteran’s daughter applies for the SC burial allowance.
 
Result:  Deny the Veteran’s daughter’s claim for the SC burial allowance because the automatic SC burial benefit was paid to the surviving spouse.
 
Rationale:  38 CFR 3.1702(a) states the surviving spouse is the correct claimant.

XI.iii.1.B.2.h.  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Adjudicated

 
When the NSC burial allowance has been paid, and it is later determined that the SC burial allowance is payable, VA may pay an eligible claimant the difference between the amount of the SC burial allowance and the total amount previously paid.
 
Additionally, if it is later determined that the Veteran’s death is SC, VA may pay SC burial benefits when a previously decided burial claim is of record for the claimant.  A previously denied claimant is not required to submit a new burial claim or application.
 
Note:  When determining the total amount previously paid, consider previous plot allowance payments.

XI.iii.1.B.2.i.  Example:  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Paid

 
Situation:  A surviving spouse was automatically paid $828 for the NSC burial allowance.  Later, the Veteran’s daughter applies for the $2,000 SC burial allowance, and the rating activity determines the SC burial allowance is payable.
 
Result:  Pay the Veteran’s daughter the remaining burial allowance of $1,172 and notify the daughter that $828 of the maximum burial allowance was already paid to the surviving spouse.
 
Rationale:  Under 38 CFR 3.1702(b), if a claimant qualifies as an eligible claimant and is the first to file a claim for a burial benefit, that claimant is the proper claimant for that particular burial benefit.
 
In this situation, 38 CFR 3.1702(a) states the surviving spouse is the proper claimant for the automatic NSC burial allowance and 38 CFR 3.1702(b) states the Veteran’s daughter is the proper claimant for the remaining SC burial allowance.
 
Important:  If the plot allowance was previously paid, this must be factored into the difference between the amount of the SC burial allowance and the total amount previously paid.  A plot allowance paid to a State, political subdivision of a State, or tribal organizations should not be factored into this calculation.

XI.iii.1.B.2.j.  Transportation Benefit Claim Received With or After the SC Burial Allowance is Paid for Deaths on or After January 5, 2023

 
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.  This is true even when the SC burial allowance was paid as the greater benefit.
 
Reference:  For more information on the transportation benefit, including guidance for deaths that occurred before January 5, 2023, see M21-1, Part XI, Subpart iii, 1.B.6.
 

 3.  NSC Burial Allowance

 
 

Introduction

 

Change Date

 
June 25, 2024

XI.iii.1.B.3.a.  General Eligibility Criteria for NSC Burial Allowance

 
Eligibility for the NSC burial allowance exists if the Veteran
  • was receiving pension or compensation at the time of death
  • was receiving military retired pay in lieu of compensation at the time of death
  • had a claim pending at the time of death and has been found entitled to compensation or pension from a date prior to the date of death
  • has no family or friends who claim the Veteran’s body and there are insufficient resources available in the Veteran’s estate to cover burial and funeral expenses, or
  • died while under VA care.
Note:  Based on the changes enacted in PL 116-315 for deaths that occur on or after January 5, 2023, all NSC burial allowances will be paid the same rate regardless of the place of death.
 
References:  For more information on the

XI.iii.1.B.3.b.  Payment Amount for NSC Burial Allowance 

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death, that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance per 38 U.S.C. 2303(a).
 
References:  For more information on

XI.iii.1.B.3.c.  Referring a Claim for NSC Burial Allowance to the Rating Activity

 
An NSC burial should be referred to the rating activity when
  • reasonable probability of SC death exists, and the Veteran’s death certificate (or equivalent) is of record, or
  • an eligibility determination is needed based on a pending claim for pension or compensation at the time of death in which the authorization activity doesn’t have the authority to make a decision.
The Rating Veterans Service Representative must utilize the deferral process to explain if the Veteran would have been entitled to pension or compensation prior to death for NSC burial eligibility and must upload a deferred rating sheet (VA Form 21-6789, Deferred Rating Decision) into the electronic claims folder (eFolder).
 
Important:  Upon review of the evidence of record, the development activity may be unsure if a grant of SC death is warranted.  This will warrant a review of the claim for an implicit SC death by the rating activity.  In these situations, the procedures under M21-1, Part XI, Subpart ii, 1.1 must be followed.
 
Note:  Pension automation (PA) checks all burial claims, regardless of what is claimed, to see if SC death is payable when the Veteran’s death certificate is of record.
 
References:  For more information on

XI.iii.1.B.3.d.  NSC Burial Allowance and the Transportation Benefit

 
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.
 
For deaths that occurred before January 5, 2023, eligibility for the transportation benefit in addition to the NSC burial allowance may exist when the Veteran is buried in a national or covered Veterans’ cemetery or died while under VA care as listed in 38 CFR 3.1706.
 
Reference:  For more information on the transportation benefit, see M21-1, Part XI, Subpart iii, 1.B.6.

 4.  NSC Burial Allowance Based Upon Death While Under VA Care

 
 

Introduction

 

Change Date

 
January 5, 2023

XI.iii.1.B.4.a.  General Eligibility Criteria for NSC Burial Allowance Based Upon Death While Under VA Care

 
Eligibility for the NSC burial allowance based upon death while under VA care exists if the Veteran
  • was hospitalized by VA at the time of death, or
  • died while
    • hospitalized under VA contract at a non-VA facility
    • traveling, under proper authorization and at VA expense, to or from a specified place for the purpose of examination, treatment, or care, or
    • a patient at an approved State Veterans’ home.
VBA may pay the following allowances in addition to the NSC burial allowance based upon death while under VA care:
  • plot or interment allowance, and/or
  • the transportation benefit for expenses or costs incurred.
Notes:
  • Death while hospitalized in the Philippines does not qualify for payment of the NSC burial allowance based upon death while under VA care.
  • A home or residence does not qualify as a VA facility for purposes of 38 U.S.C. 1701(3), 1703, 1720, or 1741.
  • If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  Burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
References:  For more information on

XI.iii.1.B.4.b.  When Verification of Death While Under VA Care Is Not Required

 
If it is reported on the VA Form 21P-530EZ that a death occurred while under VA care, accept the statement as true unless the statement is questionable.  A questionable statement is one that, during review by a claims processor, is inconsistent with the evidence of record and raises doubt of its validity.
 
Example 1:  A widow submits VA Form 21P-530EZ, claiming NSC burial and checks the box indicating the Veteran’s death occurred in a nursing home paid by VA.  The death certificate confirms the death occurred in a VA nursing home.  In this case, verification of death while under VA care is not required because both the application and death certificate show the same place of death.
 
Example 2:  Same scenario as in Example 1, except the death certificate shows the Veteran died at home.  In this case, verification of death while under VA care is required because the application is inconsistent with the evidence of record.  Follow the procedures listed in M21-1, Part XI, Subpart iii, 1.B.4.c to determine next steps.

XI.iii.1.B.4.c.  When Verification of Death While Under VA Care Is Required

 
Use the table below to determine the actions to take when verification of death while under VA care is required due to questionable validity.
 
If verification of death while under VA care …
Then …
can be completed in the Compensation and Pension Record Interchange (CAPRI)
grant up to the maxium burial allowance as specified in 38 U.S.C. 2303(a).
cannot be completed and the Veteran was in receipt of compensation or pension
grant NSC burial allowance and explain in the decision notice that verification of death while under VA care could not be made.
cannot be complete in CAPRI or with evidence received from the claimant
  • follow procedures outlined in M21-1, Part III, Subpart ii, 1.A.2.b to request records from the VA medical center (VAMC), and
  • once a response is received, adjudicate the burial claim.
Note:  In all cases, review 38 CFR 3.159(d) to determine if VA should continue providing assistance in obtaining evidence.
cannot be completed and the Veteran was not in receipt of compensation or pension
deny the claim and explain in the decision notice that verification of death while under VA care could not be made.
 
Reference:  For more information on the general eligibility criteria for NSC burial allowance based upon death while under VA care, see M21-1, Part XI, Subpart iii, 1.B.4.a.

XI.iii.1.B.4.d.  Payment Amount for NSC Burial Allowance Based Upon Death While Under VA Care

 
VBA will pay up to the maximum NSC burial allowance based upon death while under VA care per 38 U.S.C. 2303(a).
 
Notes:
  • If a Veteran is entitled to both NSC burial allowance based upon death while under VA care and SC burial allowance, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
  • The amount in 38 U.S.C. 2303(a) is subject to a yearly cost-of-living increase.

XI.iii.1.B.4.e.  Veterans Absent From VA Care or Qualifying Facility at Time of Death

 
The NSC burial allowance based upon death while under VA care may also be payable for a Veteran who died while under VA care but who was not at a qualifying facility at the time of death.
 
This provision applies if the Veteran was
  • on authorized absence that did not exceed 96 hours at the time of death
  • on unauthorized absence for a period not in excess of 24 hours at the time of death, or
  • absent from the facility for a period not in excess of 24 hours of combined authorized and unauthorized absence at the time of death.
Reference:  For more information on NSC burial allowance based upon death while under VA care eligibility, see 38 CFR 3.1706.

5.  Plot or Interment Allowance

 
 

Introduction

 

Change Date

 
March 13, 2024

XI.iii.1.B.5.a.  General Eligibility for Plot or Interment Allowance

 
For a Veteran who was eligible for burial in a national cemetery under 38 U.S.C. 2402, VBA may pay the plot or interment allowance.
 
Notes:
  • The plot or interment allowance is not payable to an individual claimant if the Veteran is buried or interred in a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Plot allowance is not authorized for Veterans with a date of death prior to June 18, 1973.

XI.iii.1.B.5.b.  Amount Payable for Plot or Interment Allowance

 
Unless VA has evidence on the date of the notice of the Veteran’s death that the expenses incurred were less, VBA will pay the maximum plot or interment allowance.
 
Notes:
  • Always pay the maximum allowance payable to a State, government agency, political subdivision, or tribal organization when the burial is provided without charge in a State Veterans cemetery or other cemetery listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • The section entitled Claim for Plot or Interment Allowance on VA Form 21P-530EZ, must be completed in order to pay plot or interment allowanceance.
References:  For more information on

XI.iii.1.B.5.c.  Plot or Interment Allowance for Burial in a State Veterans Cemetery or on Tribal Trust Land

 
VBA will pay the plot or interment allowance to a State, or government agency or political subdivision of a State, or tribal organization that provided a burial plot or interment for the Veteran if the State or government agency or political subdivision of the State, or tribal organization
  • is claiming the plot or interment allowance for burial of the Veteran in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State, or on trust land owned by, or held in trust for, a tribal organization
  • did not charge for the expense of the plot or interment, and
  • uses the cemetery or section of the cemetery solely for the interment of
    • persons eligible for burial in a national cemetery
    • members of the Army National Guard or the Air National Guard
    • members or former members of a reserve component of the Armed Forces not otherwise eligible for interment in a national cemetery, as per 38 U.S.C. 2402, and
    • individuals otherwise specified within section 38 U.S.C. 2408(i)(2), or
  • is claiming the plot or interment allowance for burial of the unclaimed Veteran remains in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State or on trust land owned by, or held in trust for, a tribal organization.
Notes:
  • The provision pertaining to reserve members and former members applies to deaths on or after November 1, 2000.
  • Three PLs established VA’s authority to pay plot allowance for tribal organizations as follows:
    • PL 95-476 first established the VA State Plot Allowance benefit allowing VA to pay plot allowances for burials which occurred on or after October 18, 1978
    • PL 117-103 authorizes VA to pay plot allowance for eligible burials on trust land owned by, or held in trust for tribal organizations, and
    • PL 117-355 extends VA’s authority to pay the plot allowance specified within PL 117-103 to also include Veterans buried before March 15, 2022, if the plot or interment allowance was not already paid for the burial of that Veteran.  The burial must still have occurred on or after October 18, 1978, the date of enactment of the VA State Plot Allowance..
  • Always pay the maximum allowance payable to a State, government agency, or political subdivision when the burial is provided without charge in a State Veterans cemetery, or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Concede service as verified for plot or interment allowance for burial in a State Veterans cemetery when there is an acceptable separation document of record as directed in M21-1, Part XI, Subpart iii, 1.B.1.b.
  • When a pension management center (PMC) receives a request from a new cemetery location or a request to change a cemetery address, the request should be e-mailed to Pension and Fiduciary (P&F) Service at VAVBAWAS/CO/P&F BUS MGMT.
Important:  PMCs must include the following information in any request to add a new cemetery location
  • name of cemetery or organization
  • cemetery or organization address (street, city, state, and zip code), and
  • cemetery or organization point of contact (POC) to include name, title, and phone number for the POC.
Reference:  For more information on plot or interment allowance eligibility, see

XI.iii.1.B.5.d.  Plot or Interment Allowance for Burial in Other Than a State Cemetery, Tribal Trust Land, or National Veterans Cemetery

 
VBA may pay the plot or interment allowance to an eligible claimant who incurred plot or interment expenses relating to the purchase of a burial plot for a deceased Veteran when the Veteran is buried in a cemetery other than a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), if the
  • NSC burial allowance is payable
  • NSC burial allowance based upon death while under VA care is payable
  • Veteran was discharged from active service for a disability incurred or aggravated in line of duty, or
  • Veteran, at the time of discharge from active service, had a disability, shown by official service records, which in medical judgment would have justified a discharge for disability.
Notes:
  • VA does not pay separate plot allowance when paying SC burial allowance.  Plot can only be paid in addition to SC burial allowance when paying a State (or other political subdivision of a State), or tribal organization.
  • For the amount payable for plot or interment allowance for burial in other than a State or national Veterans cemetery, see M21-1, Part XI, Subpart iii, 1.B.5.b.
Reference:  For more information on Veterans discharged from active service for a disability incurred or aggravated in the line of duty, see 38 CFR 3.1707(c)(3).

XI.iii.1.B.5.e.  Contributions by Government, Public, Tribal, or Private Organizations

 

If there is evidence at the time of notification of the Veteran’s death that the U.S., a State, or any agency or political subdivision of the U.S. or of a State, or tribal organization, or the Veteran’s employer has paid all or part of the Veteran’s plot or interment expenses, pay the claimant the lesser of the
  • maximum statutory plot or interment allowance if the expenses exceeded the maximum statutory plot or interment allowance, or
  • amount of the total plot or interment expenses minus the amount of expenses paid by the government, public, or private organization or organizations.
Examples:
  • The Veteran’s plot expenses cost $700.  At the time of notification of the Veteran’s death, evidence shows another agency paid $500 for the Veteran’s plot allowance.  If the current statutory plot allowance is $722, pay the claimant a plot allowance of $222, which is the lesser of the amount paid and the current statutory plot allowance.
  • The Veteran’s plot expenses cost $800.  At the time of notification of the Veterans death, evidence shows another agency paid $800 for the Veteran’s plot.  Deny the claim for plot allowance as the expenses paid by the other agency exceed the current statutory plot allowance of $722.

XI.iii.1.B.5.f.  Eligible Claimant’s Loyalty Clearance When Buried in a State Veterans Cemetery

 
Loyalty clearance will be necessary only when a Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), and Veteran forfeiture may be declared under 38 CFR 3.902(d).
 
Do not delay awarding burial benefits pending receipt of formal loyalty clearance, in connection with claims for accrued benefits payable, on the basis of relationship.
 
References:  For more information on

XI.iii.1.B.5.g.  How to Process Claims for State or Tribal Land Plot or Interment Allowance Benefit

 
Effective March 1, 2019, Veterans Service Centers no longer process claims for consolidated State plot or interment allowance.  PMCs have jurisdiction for processing these claims.
 
The table below describes the stages for processing claims for State or tribal land plot or interment allowance benefit.
 
Stage
Who is Responsible
Description
1
State or tribal land cemetery
Submits a claim via Centralized Mail for the plot or interment allowance for Veterans buried in their State Veterans cemeteries (or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1)).
2
PMC Intake Processing Center (IPC)
  • Reviews the claim, and establishes EP 160, PMC State Plot Allowance for State and tribal organization claims.
  • If required, completes a FIRST NOTICE OF DEATH (FNOD) command in Share at the time of claims establishment and ensures the Veteran’s date of death is entered in the Beneficiary Identification and Records Locator Subsystem (BIRLS) VETERAN IDENTIFICATION DATA screen.
  • If service documentation is available, ensures service
    • information (including complete periods of service) is entered and verified in the system of record, and
    • verification documentation is contained in the eFolder or was submitted with the burial claim.
Notes:
  • If a claim for plot allowance is already pending for a Veteran and a duplicate claim is received from the same claimant, do not establish a new claim.  The second claim (duplicate claim) is considered file mail.
  • Add the State Plot contention if applicable.
3
PMC IPC
Uploads the claim to the Veteran’s eFolder.
 
Reference:  For more information on files and folder control, see M21-1, Part II, Subpart ii, 3.
4
PMC Veterans Service Representative (VSR)
  • Reviews each pending claim for complete required service information, prior award history, and correct claims establishment.
  • Completes any required development including requests for service verification.  If development for service verification is necessary, the VSR performs the following actions:
    • contacts the cemetery via telephone and request service verification documentation be submitted
    • documents the call, or call attempt, on a VA Form 27-0820, Report of General Information
    • completes other appropriate development in conjunction with the telephone contact, and
    • if the service documentation cannot be immediately provided following the telephone call, completes the appropriate PIES request and notifies the claimant of the request.
References:  For more information on
5
PMC VSR
Processes a plot award decision in Veterans Benefits Management System-Awards (VBMS-A).
6
Enterprise Management of Payments Workload and Reporting for VA (eMPWR-VA)
  • Batches State awards weekly.  This includes both automated and manual awards.
  • Sends a report to the State cemetery of the payments made.
Note:  Batches only apply to State cemeteries.
 
Important:  If a State or tribal cemetery submits a claim for plot or interment allowance that has already been paid to the surviving spouse or other beneficiary, the PMC should send a due process notification to the beneficiary requesting evidence showing they paid for plot or interment.  If no evidence is received during the due process period, the PMC must terminate the prior plot or interment allowance payment.  Following termination of the prior plot award, the PMC should pay the State Veterans cemetery or tribal cemetery the plot or interment allowance.
 
The PMC should follow the regular due process procedures as listed in M21-1, Part I, Subpart i, 1.B and M21-1, Part X, Subpart ii, 3.A–C, and recoup monies paid to the surviving spouse or other claimant.
 
Exception:  If a Veteran was properly buried and their remains are later moved to a State Veterans cemetery, do not terminate the prior plot or interment allowance payment to the initial claimant in order to pay the State or tribal cemetery.  In this instance, the State or tribal cemetery would be barred from receiving payment if the evidence shows the surviving spouse or other beneficiary was originally paid correctly.

XI.iii.1.B.5.h.  Establishing Debts Against State Veterans Cemeteries or Tribal Cemeteries

 
The table below describes the stages for establishing a debt against a State Veterans cemetery or tribal cemetery after the expiration of regular due process procedures outlined in M21-1, Part XI, Subpart iii, 1.B.5.g.
 
Important:  State Veterans cemeteries and tribal cemeteries are third parties; therefore, the Debt Management Center (DMC) does not have jurisdiction over these debts nor will the DMC send debt notices.
 
Stage
Who is Responsible
Description
1
PMC VSR
  • Processes a State plot award decision in VBMS-A to terminate the State plot payment against the incorrect State Veterans cemetery or tribal cemetery
  • creates and sends a decision notification letter to the cemetery
  • notifies the local finance activity of termination, and
  • requests the local finance activity to create and mail debt notice to the cemetery.
2
local finance activity
  • Creates and mails debt notice to State Veterans cemetery or tribal cemetery
  • moves debt from the eMPWR-VA to the Centralized Administrative Accounting Transaction System (CAATS), and
  • notifies PMC VSR that a debt has been moved to CAATS.
3
PMC VSR
  • Processes a State plot award decision in VBMS-A to pay the correct State Veterans cemetery or tribal cemetery, and
  • creates and sends a decision notification letter to the cemetery.

XI.iii.1.B.5.i.  Automated State Plot Batch Process

 
The automated consolidated State plot or interment batch review process
  • runs nightly
  • reviews the corporate data for pending State plot claims
  • reviews for the following eligibility requirements
    • proper claims establishment
    • a date of death in BIRLS
    • complete service periods, including character of discharge
    • verified service
    • other than dishonorable service, and
    • no pending or prior plot allowance award
  • creates an award and closes the pending EP if all eligibility requirements are met, and
  • issues an individual award letter to the State cemetery claimant and uploads a copy of the award letter in the Veteran’s eFolder.
Note:  If automation does not occur, the EP is set to Ready to Work and remains pending for review and processing by the PMC VSR.
 

 6.  Transportation Benefit

 
 

Introduction

 

Change Date

 
November 22, 2024

XI.iii.1.B.6.a.  Transportation Benefit Under 38 U.S.C. 2303(a)

 
Effective January 5, 2023, PL 116-315 expanded eligibility for the transportation benefit.  With this change, most transportation benefits paid by VBA will be paid under 38 U.S.C. 2303(a).
 
This block describes the eligibility criteria under 38 U.S.C. 2303(a).  If a Veteran does not qualify under 38 U.S.C. 2303(a), they may qualify under 38 U.S.C. 2308.  Eligibility criteria for 38 U.S.C. 2308 is found in M21-1, Part XI, Subpart iii, 1.B.6.b.
 
When the transportation benefit is payable under 38 U.S.C. 2303(a), VA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the:
  • Veteran’s date of death is on or after January 5, 2023
  • death occurs within a State
  • place of burial is in any State, and
  • Veteran meets any of the following:
    • the Veteran died while hospitalized by VA or other facility listed in 38 CFR 3.1706
    • the Veteran’s remains are unclaimed, or
    • at the time of death, the Veteran was in receipt of
      • disability compensation
      • military retired pay in lieu of disability compensation, or
      • VA pension.
Exception:  For Veterans that died while hospitalized by VA or other facility listed in 38 CFR 3.1706, the place of burial may be a State, Mexico, or Canada.
 
Important:  In instances where eligibility for transportation benefit exists under both 38 U.S.C. 2303(a) and 38 U.S.C. 2308, the benefit payable under 38 U.S.C. 2303(a) will always be at least as great or more than under 38 U.S.C. 2308.
 
References:  For more information on

XI.iii.1.B.6.b.  Transportation Benefit Under 38 U.S.C. 2308 for Burial in a National or Covered Veterans’ Cemetery

 
When a transportation benefit claim cannot be paid under 38 U.S.C. 2303(a), claims processors should review for entitlement under 38 U.S.C. 2308.  Under 38 U.S.C. 2308, regardless of the Veteran’s date of death, VBA will pay the costs incurred to transport a Veteran’s remains for burial in a national or covered Veterans’ cemetery if the Veteran
  • died as the result of an SC disability
  • was receiving SC disability compensation on the date of death
  • would have been receiving SC disability compensation on the date of death but for the receipt of military retired pay or VA pension
  • is later determined by VA to have been entitled to SC disability compensation from a date before the Veteran’s death, or
  • remains are unclaimed.
Notes:
  • For claims processed on or after January 5, 2023, PL 116-315 expanded the transportation benefit to include Veterans buried in a covered Veterans’ cemetery.
  • There is no requirement that death occur in a State to pay the transportation benefit under 38 U.S.C. 2308.
  • VA will pay reasonable costs incurred to transport a Veteran’s remains to the nearest national cemetery (with available space) from the Veteran’s last place of residence.
  • If a claim for the transportation benefit would be denied based solely on failure of the claimant to provide the place of burial, search for the burial location using the National Cemetery Administration (NCA) Nationwide Gravesite Locator to determine if the Veteran was buried in a national or covered Veterans’ cemetery.  Claims processors must document the result of this action by creating a permanent note in VBMS.  If the website link has become obsolete, notify P&F Service at VAVBAWAS/CO/P&F POL & PROC.
References:  For more information on

XI.iii.1.B.6.c.  Transportation Benefit for Death While Under VA Care

 
Regardless of the Veteran’s date of death, VBA may pay the costs incurred to transport a Veteran’s remains if the Veteran died while hospitalized by VA, or other facility as listed in 38 CFR 3.1706.
 
VBA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the death occurs within a State, and the place of burial is in
  • any State
  • Canada, or
  • Mexico.
Notes:
  • If the Veteran died while receiving properly authorized VA care, and the body is shipped to the place of burial by rail, it is not necessary that the body be shipped on a government bill of lading.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
Exception:  If the burial is in Canada or Mexico, VBA only authorizes payment for transportation from the place of death within a State to the port of embarkation within a State, or to the border limits of the U.S.
 
References:  For more information on

XI.iii.1.B.6.d.  Required Evidence for a Transportation Benefit Claim

 
The claimant must submit an itemized receipt or statement, preferably on letterhead that includes the
  • name of the deceased Veteran for whom the services and transportation were furnished
  • nature and cost of the services and transportation
  • name of the claimant that files for the transportation benefit, and
  • dates of the services rendered.
Notes:
  • If the transportation benefit is claimed, and the amount of expenses incurred on the application is more than the itemized receipt, pay the transportation benefit based on the charges listed on the itemized receipt and solicit for documentation of the additional transportation costs incurred in the decision notice.
  • If the statement or receipt does not show any transportation expenses, deny the transportation benefit and develop in the decision letter.
  • If the transportation benefit is claimed, and the receipt is not itemized, VBA may accept phone call development to the funeral home to obtain an itemized statement.
  • If attempts to contact the funeral home are unsuccessful, deny the transportation benefit and develop in the decision letter.
  • VA will pay for transportation expenses that are incurred as claimed on the application and verified through the statement of account.  Statements or receipts do not have to show paid in full, only that expenses were incurred.
Important:  Transportation expenses may be considered claimed if they are reported on the prescribed form and/or reported on other evidence submitted at the same time as the prescribed form, such as an itemized funeral bill.
 
References:  For more information on

XI.iii.1.B.6.e.  Allowable Transportation Expenses

 
When the transportation benefit is payable, VBA may pay for reasonable expenses relating to transportation of the Veterans remains to their final resting place.  Transportation expenses include, but are not limited to
  • charges for
    • the pickup of remains (round-trip or flat-charge basis)
    • escort accompanying remains if the Veteran dies while properly receiving VA care, and
    • air transportation when deemed necessary or advantageous on the basis of urgency and funeral arrangement details and on a cost basis (if air shipment is authorized, limit the amount paid to the usual air freight charges)
  • shipment via common carrier, and
  • general costs of transporting the remains to the place of burial.
Notes:
  • VBA only pays the one-way fare for an escort for transportation expenses.
  • Reasonable transportation charges must not exceed the charges customarily made to the general public.
  • Itemized charges for transportation by hearse should not routinely be questioned.  However, if the evidence shows that transport by hearse appears to be over a long distance and the services of a common carrier were readily available, limit the amount of payment for such transportation to the common carrier rates (including hearse charges to and from the common carrier terminals).  Limit the payment to the common carrier rates only if it is apparent that a common carrier should have been used and would not have imposed any hardship on the family or caused undue delay of the funeral or burial.
  • In determining the amount payable for transportation costs incurred, include Federal taxes charged by a common carrier.

XI.iii.1.B.6.f.  Transportation Benefits When Burial Claims Are Processed Through PA

 
PA cannot process transportation benefits when automating burial claims because it cannot validate itemized statements.  PA may finalize decisions for other burial benefits such as burial or plot allowance, then continue the claim at authorization.  The claim then routes to a PMC to address the transportation benefit.
 
Reference:  For more information on PA processing, see M21-1 Part XI, Subpart iii, 1.A.6.b.
 

 7.  Burial of Veterans Unclaimed Remains

 
 

Introduction

 

This topic contains information on burial arrangements and payment for the cost of burial for unclaimed remains of Veterans, including

Change Date

 
November 22, 2024

XI.iii.1.B.7.a.  General Eligibility for Burial Allowance of Unclaimed Remains

 
NSC burial allowance is payable for a Veteran if
  • the remains of the deceased Veteran are unclaimed
  • burial expenses were not paid for or reimbursed by another agency (such as the Veterans Health Administration (VHA)), and
  • there are insufficient resources available in the Veteran’s estate to cover the burial and funeral expenses.
Notes:
  • Per PL 112-260 (with effective date of July 7, 2014, per 79 FR 32653), the following are not required for unclaimed remains:
    • wartime service or discharge due to disability requirements
    • receipt of compensation or pension at the time of death, or
    • authorization of the deceased Veteran’s funeral service by the State or political subdivision of the State.
  • The claim must be denied if the application for burial benefits indicates that there are sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses, and the funeral home is claiming benefits for unclaimed remains.
  • Next of kin listed on a death certificate does not necessarily mean that a Veteran’s remains are claimed.  If a VA Form 21P-530EZ is received from a funeral home or other third party, the signature on the application indicates they have legally sworn that they incurred expenses.  However, if the Unclaimed Remains of the Veteran box is not checked and there is no indication of evidence of an unclaimed remains claim (such as an indication elsewhere on the application that certifies the remains of the deceased Veteran have not been claimed and sufficient resources aren’t available), deny the claim and notify the funeral home of the evidence needed in the decision letter.
  • Before paying burial benefits for unclaimed remains, claims processors must review the Veteran’s eFolder for a potential Veteran Unclaimed Remains Memo to ensure burial expenses were not already paid by VHA.
  • In cases where VBA pays a burial benefit associated with unclaimed remains, claims processors are required to complete a Veteran Unclaimed Remains Memo and upload it to the Veteran’s eFolder.
  • If the funeral home is the proper claimant on the application, VA can accept a stamped signature on the application.  There is no requirement for a wet signature.
References:  For more information on

XI.iii.1.B.7.b.  Payment Amount for Unclaimed Remains

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance for the unclaimed remains of a Veteran.
 
Note:  The SC burial allowance is not payable for the unclaimed remains of a Veteran.
 
Reference:  For more information on the maximum NSC burial allowance, see the burial benefit rates chart.

XI.iii.1.B.7.c.  Unclaimed Remains of a Veteran Who Died at a VA Hospital

 
If a Veteran dies in a VA hospital or while under VA care and the remains are unclaimed, VHA is responsible for the burial arrangements.
 
The VAMC of jurisdiction is responsible for promptly filing or forwarding the following documents to the regional office (RO) for filing in the deceased Veteran’s eFolder if one is not already of record:
Important:
  • When an eFolder has not been created, VHA will utilize QuickSubmit to submit documents to the RO.
  • VBA is responsible for creating an eFolder and filing the submitted documents.

Notes:

  • If applicable, process a Veteran FNOD.
  • If a record for the deceased Veteran does not exist in VBA systems, establish a Veteran profile and add the date of death in the corresponding record.  Upload the VHA documents once the profile has been created.
  • Prompt review of the documents submitted by VHA will prevent duplicate payments in situations where VHA is responsible for the burial.
References:  For more information on

XI.iii.1.B.7.d.  Definition:  Death While Under VA Care Specifically in the Context of Unclaimed Remains

 
The following instances of care qualify as a death while under VA care, specifically in the context of unclaimed remains, and allow VHA to procure and arrange a dignified burial for unclaimed remains:
  • Death while under VHA-authorized inpatient admission at a VA
    • medical center
    • community living center
    • domiciliary, or
    • residential rehabilitation and treatment program.
  • Death while under VHA-authorized inpatient admission at a non-VA hospital or other medical facility in the community (Veterans community care program, contract nursing home, State home as defined in 38 CFR 51.2, medical foster home a Veteran has been properly placed in at the expense of the VA consistent with 38 USC 1720(h), inpatient hospice, or other Federal facilities using authority under 38 CFR 17.50).
The following instances of care do not qualify as a death while under VA care and would require referral to a VBA Indigent Veterans and Unclaimed Remains Coordinator (IVURC) to assess applicability of VBA and NCA authorities relevant to unclaimed remains:
  • Any death while not under VHA-authorized inpatient admission described above.
  • Any death while receiving VHA-authorized outpatient care.
Note:  In the rare circumstance where the guidance above does not clearly distinguish VBA or VHA responsibility, send an email to VACOVHADAPIT@va.gov for assistance.

XI.iii.1.B.7.e.  Third Party NSC Burial Benefits for Unclaimed Remains

 
If a funeral home or third party who handled the arrangements for a Veteran whose remains are unclaimed files a claim for NSC burial allowance based on unclaimed remains, pay the NSC burial allowance based on unclaimed remains, and review the claim for potential plot allowance and/or transportation benefits.
 
Do not pay a plot or interment allowance to a funeral home or third party if the Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).  The plot or interment allowance is payable to the State or agency or political subdivision of a State, or tribal organization.
 
References:  For more information on

XI.iii.1.B.7.f.  Denial of Funeral Home or Third-Party Burial Claimants

 
For all burial claims received from funeral home directors or other third parties not listed in 38 CFR 3.1702(b), VA does not pay a burial allowance unless the funeral home or other third party provided services for the unclaimed remains of a Veteran.
 
If the evidence shows that the Veterans remains are not unclaimed, then deny the funeral home or other third-party claimant using the following language:
 
We have denied your claim for VA burial benefits because there is no indication the Veteran’s remains are unclaimed.  VA pays burial benefits automatically to surviving spouses upon the first notice of death, or to the first living person to file a claim of the following priority claimants: surviving spouse, survivor of a legal union, children (regardless of age), parent(s) or the executor or administrator of the estate of the deceased Veteran.  Burial benefits will not be paid to funeral directors, funeral homes, or other service providers unless the Veteran’s remains are unclaimed.
XI.iii.1.B.7.g.  Role of the IVURC 
Each RO is required to designate an IVURC.  The IVURC will
  • confirm that the remains of the deceased Veteran have not been claimed by relatives or friends and that there are not sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses
  • conduct outreach for unclaimed remains
  • process all requests for burial arrangements of unclaimed remains to include
    • verification of Veteran status, if required, and
    • reporting completion of requests to their chain of command as directed by local RO leadership or management
  • serve as the local subject-matter expert on burial arrangements for unclaimed remains, and
  • communicate with contacts within VHA and NCA.
References:  For more information on

XI.iii.1.B.7.h.  IVURC Responsibilities Upon Contact by NCA for Next of Kin

 
When an IVURC is contacted by NCA to locate or rule-out any potential next of kin, the IVURC must
  • follow the procedures in Step 1 of M21-1, Part XI, Subpart iii, 1.B.7.n, to exhaust all methods to locate a next of kin
  • conclude if a next of kin is present and assuming burial responsibilities or that there is no next of kin, and
  • respond to NCA within 14 calendar days of their request, either confirming
    • a negative comprehensive search result for next of kin, or
    • next of kin was identified and contacted, providing NCA their name, and if so, whether they assumed burial responsibilities.
Note:  An IVURC will be contacted by NCA, according to the Indigent Veterans and Unclaimed Remains Outreach Program Coordinators website, based on RO of jurisdiction while considering volume of workload.

XI.iii.1.B.7.i.  Controlling Requests for Burial Arrangements of Unclaimed Remains

 
A request for burial arrangements, including verification of Veteran status, must be completed by the station of jurisdiction’s (SOJ’s) IVURC.
 
Follow the steps in the table below when VA receives a request for burial arrangements of unclaimed remains.
 
Step
Action
1

Does the request include the decedent’s name, date of birth (DOB), and Social Security number (SSN) or service number?

  • If yes, go to the next step.
  • If no,
    • notify the requestor of the information required before VA can proceed with verification of Veteran status, and
    • take no further action until the information is received.

Exception:  If only the decedent’s name and SSN are provided, and this is sufficient to identify a matching record in VA systems, as outlined in Step 2, no further identifying information is required.

2

Is there an existing Veteran record for the decedent in VA systems (i.e., VBMS, Share)?

  • If yes, go to Step 4.
  • If no, go to the next step.
3

Did the request include accompanying evidence to determine the remains are those of a Veteran in order to establish a Veteran record (e.g., DD Form 214 or other evidence of qualifying service)?

  • If yes,
    • create a Veteran profile
    • add the
      • Veteran service information, and
      • date of death, if available, and
    • go to the next step.
  • If no, go to Step 5 for instructions on forwarding all request information to the IVURC when there is no Veteran record and, as such, a controlling EP 500 cannot be established.
4
  • Establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains.
  • Add the following VBMS note:  A request for verification of Veteran status and/or burial arrangements was received requiring action by the IVURC.
  • Set a one-day suspense date.
  • Go to the next step.
5
Determine the SOJ for the request based on the area in which the individual died.  Use the table below to determine the appropriate action to take.
 
If the request is for an individual who died in an area …
And an EP 500 for burial arrangements …
Then …
under the jurisdiction of the RO that received the request
was established
use local routing rules to route the EP 500 to the RO’s IVURC.
could not be established (no Veteran record)
e-mail the RO’s designated IVURC and provide the request information for further development.
outside of the jurisdiction of the RO that received the request
was established

manually broker the EP 500 to the RO in the area where the individual died.  This is the SOJ.

Upon receipt of the EP 500, the RO will use local routing rules to route the EP to the station’s IVURC.

could not be established (no Veteran record)
e-mail the SOJ’s IVURC and provide the request information for further development.
 
Notes:
  • If applicable, process a Veteran FNOD.
  • Burial arrangement and/or verification of Veteran status requests do not require a standard form and can be made by telephone or written correspondence.
  • The RO is responsible for ensuring that any State laws or local practices that differ from general procedural guidance, are covered under a local, current and correct standard operating procedure.
References:  For more information on
XI.iii.1.B.7.j.  Required Information to Verify Veteran Status of Unclaimed Remains 
The requestor for burial arrangements must provide, at a minimum, the decedent’s name, DOB, and SSN or service number when
  • a Veteran profile
    • has not already been established in VBMS, or
    • cannot be established, or
  • the information provided by the requestor cannot be clearly linked to an established profile.
The date of death and branch of service should also be provided, if available.
 
The required information can be provided through written correspondence or via telephone contact documented on VA Form 27-0820.
 
Notes:
  • If the individual/entity requesting verification of Veteran status cannot provide the minimum information required, notify the requestor that VA cannot take further action until the required information is provided.
  • Written requests for verification of Veteran status do not require a standard form.
Reference:  For more information on verifying Veteran status of unclaimed remains, see M21-1, Part XI, Subpart iii, 1.B.7.j.
XI.iii.1.B.7.k.  Verifying Veteran Status of Unclaimed Remains 
To verify Veteran status of unclaimed remains for burial arrangements, the IVURC will use the evidence of record used to pay benefits during the Veteran’s lifetime.  If the Veteran was never in receipt of VA benefits, and acceptable documentation verifying service is not of record, then
  • review service information within VIS and/or DPRIS, and (if verification cannot be made)
  • ask the requestor to submit
    • a copy or certified copy of a DD Form 214, or
    • other evidence of qualifying service.
Use the table below to determine how an indicated cemetery should be contacted to verify eligibility when the requestor, upon VA’s request, cannot readily provide evidence of qualifying service.
 
If VA records do not contain Veteran service verification documentation and the interment will occur in a …
Then the IVURC will contact …
national cemetery
NCA’s Eligibility Office of the NCSO.
 
The NCSO will verify Veteran status and simultaneously determine eligibility for burial in a VA national cemetery.
covered Veterans’ cemetery
that cemetery directly for eligibility determination.

XI.iii.1.B.7.l.  Contacting the NCSO

 
Follow the steps in the table below when the IVURC needs to contact the NCSO.
 
Step
Action
1
The IVURC will request a copy of the National Cemetery Unclaimed Remains Eligibility Request Worksheet via e-mail by sending the request to NCAUnclaimedRequest@va.gov.

2

The IVURC will work in partnership with the remains custodian to complete the worksheet.
 
Notes: 
  • The claimant information provided on the worksheet will be that of the entity that has custody of the decedent’s remains.
  • The IVURC will be treated by NCA as a Personal Representative to ensure the organization and the IVURC receive all NCA communication regarding eligibility.
3
Once the worksheet is completed, it must be emailed to the NCA Unclaimed Requests Mailbox for case development using the following subject line:
 
VBA (Location Regional Office Unclaimed Remains Request – Decedent’s Name).
 
Example:  VBA Los Angeles Regional Office Unclaimed Remains Request – John Doe.
 
Important:  The body of the e-mail must contain all known identifying information, to include the minimum requirements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.i.

XI.iii.1.B.7.m.  Documenting Verification of Veteran Status

 
Use the table below to determine the appropriate action the IVURC will take if verification confirms the remains are those of a Veteran.
 
If there is …
Then …
a Veteran profile already established
  • update the record with verification of service, if not already completed
  • ensure
    • an EP 500 with the claim label Burial Arrangements for Unclaimed Remains is established, and
    • the date of death is of record, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
no Veteran profile established
  • create a Veteran profile
  • add the
    • Veteran service information, and
    • date of death
  • establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
 
Important:
  • Do not complete a PIES request to attempt to verify Veteran status.  This will be completed by the NCSO if other attempts are unsuccessful.
  • If the remains are not of a Veteran, or it is inconclusive if the remains are of a Veteran after VA has exhausted all required methods to verify Veteran status, inform the requestor and take no further action.
  • A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.n if the exception to completing burial arrangements applies.
References:  For more information on

XI.iii.1.B.7.n.  Making Burial Arrangements 

 
When a request for burial arrangements of unclaimed remains is received, follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.h to establish the appropriate EP 500 for burial arrangements and initiate the process of verifying Veteran status with the SOJ’s IVURC.
 
The IVURC will follow the steps in the table below after positive verification of Veteran status is established.
 
Step
Action
1
Review VA records to attempt to locate a next of kin who will be
  • encouraged to assume burial responsibilities, and
  • advised of any burial benefits known to be available in the individual case
Notes:
  • The IVURC is required to utilize VA applications such as CAPRI, as well as communicating with POCs within VHA, to exhaust all attempts to locate a next of kin.
  • If a potential next of kin is identified, the IVURC must make reasonable efforts to contact them.  Reasonable efforts generally consist of an initial telephone contact attempt to the individual’s current telephone number and at least one follow-up attempt on a different day if the initial attempt is unsuccessful.
    • If a follow-up call is attempted, and contact cannot be made, the IVURC must leave a message with their contact information and then wait up to five calendar days before moving to the next step.
    • These attempts must be documented accordingly on VA Form 27-0820.
  • Unsuccessful contacts documented on VA Form 27-0820 must, at a minimum, contain the following text:  I certify that I made two attempts to reach the potential next of kin and that I waited five calendar days after the second attempt before concluding that the potential next of kin could not be reached.
  • A successful contact with a potential next of kin, that results in the contact not assuming burial responsibilities, must be documented on VA Form 27-0820 and contain the following text:  I certify that I made contact with the potential next of kin; however, after advising them of any potential burial benefits available and encouraging them to claim the remains and assume burial responsibilities, they declined.
2
Has a next of kin been located and are the remains claimed?
  • If yes,
    • act as liaison between the claimant and the institution in possession of the remains to provide contact information for each party
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • send a VA Form 21P-530EZ to the next of kin who claimed the remains
    • inform NCA through documented e-mail that a next of kin has been located and burial responsibilities have been assumed
    • clear the EP 500, and
    • take no additional action.
  • If no, or no next of kin is identified, go to the next step.
Important:  An IVURC is only required to contact the most recent next of kin(s) of record reported by the Veteran to VHA or VBA.  There is no expectation to research and contact previously reported next of kin, however, if multiple next of kins were reported at the same time by the Veteran, contact attempts must be initiated to all listed prior to providing a negative comprehensive search result for next of kin.
3
Determine suitability for burial in a VA national cemetery by contacting the NCSO (if this has not already been completed during verification of Veteran status).
 
To determine suitability, send an encrypted e-mail to NCAUnclaimedRequest@va.gov with the following subject:  Request for Determination of Suitability for Burial in a National Cemetery.  In the body of the e-mail inform NCA that service has been verified and include the Veteran’s name, DOB, branch of service, and SSN or service number.  The date of death should also be provided, if available.
 
Is final disposition in a VA national cemetery determined as suitable?
  • If yes,
    • act as liaison with the NCSO and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, but potentially eligible for burial in a State or tribal Veterans’ cemetery
    • locate the closest applicable State and Tribal Veterans’ cemetery using the VA Grant-Funded Cemeteries Listing website (which includes non-VA grant-funded cemeteries)
    • act as liaison with cemetery leadership and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, and not eligible for burial in a State or tribal Veterans’ cemetery, go to the next step.
Note:  If Veteran status is verified, the remains of the deceased are deemed as eligible for burial in a VA national, State, or tribal Veterans’ cemetery.  However, there may be instances where burial in a State or tribal Veterans’ cemetery may be a more feasible option because the deceased’s remains are in closer proximity to one of these cemeteries, or the nearest national cemetery does not have available space.  Although eligible, IVURCs must still work with the State or tribal Veterans’ cemetery to determine if its requirements (such as residency) are met.
4
Is the requestor an institution willing and able to make the burial arrangements?
  • If yes,
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • inform the institution of potential burial benefits and encourage them to file a claim
    • clear the EP 500, and
    • take no additional action.
  • If no, go to the next step.
Note:  A willingness to arrange for a burial is not the same as claiming remains.  There may be instances where institutions are contacting VA to only verify Veteran status as they are suited to completing burial arrangements directly.
5
Leverage the local resource directory developed through outreach to locate a funeral home, cemetery, mortuary, or other third-party institution to arrange for a dignified burial of the Veteran’s unclaimed remains.
 
While negotiating, advise the institution of eligibility for NSC allowance and other possible plot and transportation benefits known to be available.  Provide the VBA Burial and Plot-Interment Allowances Fact Sheet and the NCA Unclaimed Veteran Remains website.
  • If efforts are successful
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If all efforts are exhausted and unsuccessful, go to the next step.
Notes:
  • Depending on the outreach contacts made, coordination with a Veteran Service Organization’s contacts may also be used to locate a resource for the burial arrangements.
  • Efforts are not limited to the developed outreach directory.  Attempt to locate other possible resources through additional research in order to exhaust all avenues.
6
Refer the matter to the RO Director for further action.
 
After consultation with the IVURC, the RO Director will take all necessary actions to ensure the completion of a dignified burial to include reengaging with previously contacted funeral homes, cemeteries, or other institutions.
 
The RO Director will inform the IVURC of final burial arrangements, when completed.  The IVURC will document the final burial arrangements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o and clear the EP 500.
 
Important:
  • The IVURC must not make (or attempt to make) burial arrangements before establishing positive verification of Veteran status for the unclaimed remains.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.j for verifying Veteran status.
  • If, during the process of arranging for a burial, the remains are claimed, discontinue burial arrangement efforts and follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.o.

References:  For more information on

XI.iii.1.B.7.o.  Exception to Completing Burial Arrangements 
A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.
 
If the unclaimed remains are of a Veteran but there are no qualifying periods of other than dishonorable service, inform the requestor and take no further action on burial arrangements (if assistance in providing this service was also requested).
 
Document this information on a VA Form 27-0820 and upload it for inclusion in the Veteran’s eFolder.

XI.iii.1.B.7.p.  Following Disposition of Remains

 
Following final disposition of the Veteran’s remains, the IVURC will
  • prepare a VA Form 27-0820, identifying and documenting all circumstances of the case in which responsibility was assumed by
    • an interested person or next of kin, for claimed remains, or
    • a cooperating funeral director or other institution, for unclaimed remains, and
  • upload the VA Form 27-0820 to the Veteran’s eFolder.

Updated Jan 10, 2025

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
4
5
6
7
 

 1.  General Veteran Eligibility Criteria

 
 

Introduction

  

This topic contains information on general eligibility criteria a Veteran must have met for the Veterans Benefits Administration (VBA) to pay burial benefits, including

Change Date

  
November 22, 2024

XI.iii.1.B.1.a.  Veterans for Burial Benefits Purposes

  
A Veteran for the purpose of burial benefits is an individual who
  • served in the active military, naval, air, or space service, and
  • was discharged or released under conditions other than dishonorable.
Reference:  For more information on the definition of a Veteran for the purpose of burial benefits, see

XI.iii.1.B.1.b.  Verifying a Veteran’s Service for Burial Benefits

  
A Veteran must have had one qualifying period of other than dishonorable service for burial benefits to be payable.
 
To verify qualifying service for entitlement to burial benefits, use the evidence on which the Department of Veterans Affairs (VA) relied to pay benefits during the Veteran’s lifetime, unless there is evidence that creates doubt as to its validity.
 
If the Veteran was never in receipt of VA benefits and acceptable documentation verifying service is not of record
  • request verification from the Veteran’s service department via the Personnel Information Exchange System (PIES), and/or
  • ask the claimant to submit a copy or certified copy of
    • DD Form 214, Certificate of Uniformed Service, or
    • Certificate of Discharge
  • review service information within Veteran Information Solution (VIS), or
  • submit a Defense Personnel Records Information Retrieval System (DPRIS) request.
Exception:  If the Veteran’s body is unclaimed, the National Cemetery Scheduling Office (NCSO) will verify service and determine eligibility for burial in a VA national cemetery.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.k to verify Veteran status in matters where burial arrangements for unclaimed remains are pending.
 
Notes:
  • A DD Form 214 or equivalent report of separation showing character of service submitted by a State cemetery is acceptable proof of service for State Plot burial benefits as noted in M21-1, Part III, Subpart i, 1.B.3.a.
  • Concede service as verified for
    • burial purposes only if there is evidence that the Veteran is buried in a national cemetery when there is no service verified and annotate the award that service is conceded because the Veteran is buried in a national cemetery, or
    • claims based on unclaimed remains, if all of the following criteria are met
      • there is no service verified, and a DD Form 214 or equivalent report of separation showing character of service as noted in M21-1, Part III, Subpart i, 1.B.2 is of record, and
      • in the opinion of the claims processor, the discharge document is genuine and unaltered, and the information contained in it is accurate.
  • If service is conceded for a claim based on unclaimed remains, annotate the award, Service is conceded based on documentation submitted with the claim.
References:  For more information on

XI.iii.1.B.1.c.  Service Members Who Died During Military Service

  
VA burial benefits are not payable for a service member who died while serving on active military duty.  The military service department covers the cost of the burial or plot or interment allowance, not VA.

XI.iii.1.B.1.d.  Service Certified as Active Military Service Under PL 95-202

  
Under Section 401 of Public Law (PL) 95-202, enacted November 23, 1977, service which had not been recognized as active military service was certified as such for certain groups of individuals.
 
Burial benefits can be paid for a Veteran who died before the Department of Defense (DoD) recognizes the Veteran’s service as active military service under the PL.  However, payment may not exceed the rate in effect at the time of burial.
 
Notes:
  • The PL generally applies to Veterans who served as civilians during World War II.  However, there is no ending date to the PL.  DoD still has authority to recognize service as active military service under the PL.
  • If a Veteran, whose service was recognized under PL 95-202 (see 38 CFR 3.7(x)) died before the date of recognition, payment may not exceed the statutory rate in effect at the time of the burial.
References:  For more information on

XI.iii.1.B.1.e.  Service Department Certification of Active Federal Service

  
If the military service department certifies that there has been active Federal service, accept this as a basis for adjudicating benefits if the individual was, in fact, mustered into Federal service, unless there is evidence to the contrary.
 
Reference:  For identification of certain individuals who had active Federal service that may not be recognized by the service department, see 38 CFR 3.7(t).

XI.iii.1.B.1.f.  Eligible Veterans’ Loyalty Clearance

  
If a loyalty clearance is required for making a burial benefit decision, see M21-1, Part X, Subpart i, 3.B.6.
 
In the absence of a decision concerning the Veteran’s loyalty or forfeiture of benefits, the Veteran’s loyalty clearance will not be required.
 
Reference:  For more information on an eligible Veteran’s loyalty clearance, see

XI.iii.1.B.1.g.  Suicide as the Cause of Death

  
Death by suicide does not preclude the payment of burial benefits.  However, the service-connected (SC) burial allowance may be granted only if the suicide can be linked to a disability that is subject to service connection.
Exception:  If a death certificate is received with suicide listed as the cause of death, and the Veteran’s SC disabilities are rated 100-percent disabling (excluding individual unemployability (IU)), a rating decision is not required.
 
References:  For more information on
 

 2.  SC Burial Allowance

 
 
Introduction
  

Change Date

  
January 10, 2025

XI.iii.1.B.2.a.  General Eligibility for the SC Burial Allowance

  
An SC burial allowance is payable for Veterans
  • who died as a result of SC disability or disabilities (including 38 U.S.C. 1151)
  • who were rated totally disabled (100 percent) for an SC disability or disabilities at time of death (excluding IU), or
  • when Dependency and Indemnity Compensation (DIC) is granted (including DIC granted under 38 U.S.C. 1318 or 38 U.S.C. 1151).
Exception:  The SC burial allowance is not payable if the Veteran’s remains are unclaimed.  Do not send the claim to the rating activity.
 
Note:  PL 114-315 allows the Veterans Benefits Administration (VBA) to grant SC burial allowance to a surviving spouse without a claim when DIC benefits are granted and the Veteran’s date of death occurred on or after December 16, 2016.  The DIC award establishes entitlement and dependency.
 
VBA may not grant SC burial allowance without a burial claim under PL 114-315 if
  • a previous SC burial claim was submitted by a different claimant based on 38 CFR 3.1702, or
  • the surviving spouse was previously denied SC burial.
Important:  A VA Form 21P-530EZ, Application for Burial Benefits (Under 38 U.S.C. Chapter 23) is only considered an application for burial allowance, plot/interment allowance, and transportation benefit; it is not considered a claim for DIC. A standard application form for DIC benefits is required to evaluate eligibility and entitlement to DIC.
 
References:  For more information on

XI.iii.1.B.2.b.  Payment Amount for the SC Burial Allowance

  
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum SC burial allowance.
 
Note:  If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
 
References:  For more information on

XI.iii.1.B.2.c.  When to Send a Claim for a Rating Decision on SC Death

  
Unless there is evidence to the contrary on the date VA receives notice of the Veteran’s death, presume for the purposes of burial benefits only, that a Veteran died from SC disability or disabilities if the Veteran had an SC disability or disabilities rated 100 percent at the time of death (excluding IU).
 
Important:  This applies only to eligibility for the SC burial allowance.
 
Use the table below to determine when to send a claim to the rating activity for SC death.
 
If the Veteran’s disability or disabilities are …
Then …
rated 100 percent SC at time of death (excluding IU)
  • grant SC burial allowance, and
  • do not send the claim to the rating activity.
Note:  Do not send a claim to the rating activity for a Dependents’ Educational Assistance (DEA) rating or presumptive service-connection review if administratively granting SC burial.
  • not rated 100 percent SC at time of death, and
  • there is a claim for SC death, or
  • rated 100 percent at time of death due to IU regardless of whether or not there is a claim for SC death
send the claim to the rating activity.
 
Exception:  SC burial allowance is not payable if the Veteran’s remains are unclaimed.
 
References:  For more information on

XI.iii.1.B.2.d.  Treatment of the IU for SC Death Burial Allowance

  
Do not presume that a Veteran’s death resulted from SC disability or disabilities if the Veteran was receiving compensation at the 100-percent rate due to IU.  A rating decision is required to determine SC death entitlement in this case.
 
Exception:  The SC death burial allowance is payable when DIC entitlement is established under 38 U.S.C. 1318.  This is true even though DIC under 38 U.S.C. 1318 may be established when the Veteran was receiving compensation at the 100-percent rate due to IU.

XI.iii.1.B.2.e.  Burial Benefits Payable in Addition to the SC Burial Allowance 

  
In addition to the SC burial allowance, VBA may pay a
Note:  If the Veteran’s death is SC, VA does not pay an additional plot or interment allowance to any individual or estate.  Plot or interment allowance is payable to the State or political subdivision of a State, or tribal organization under 38 U.S.C. 2303(b)(1).

XI.iii.1.B.2.f.  Burial Claim Received After the SC Burial Allowance Is Paid

  
When a claim for SC burial allowance is received after the SC burial allowance has been paid to the proper claimant, deny the new claim for the SC burial allowance and review the claim for entitlement to the transportation benefit.
 
Note:  Per 38 CFR 3.103(b)(3)(iii), if evidence reasonably indicates that a beneficiary is deceased, due process is not required.
 
References:  For more information on

XI.iii.1.B.2.g.  Example:  Burial Claim Received After the SC Burial Allowance Is Paid

  
Situation:  A surviving spouse is automatically paid $2,000 for the SC burial allowance.  Later, the Veteran’s daughter applies for the SC burial allowance.
 
Result:  Deny the Veteran’s daughter’s claim for the SC burial allowance because the automatic SC burial benefit was paid to the surviving spouse.
 
Rationale:  38 CFR 3.1702(a) states the surviving spouse is the correct claimant.

XI.iii.1.B.2.h.  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Adjudicated

  
When the NSC burial allowance has been paid, and it is later determined that the SC burial allowance is payable, VA may pay an eligible claimant the difference between the amount of the SC burial allowance and the total amount previously paid.
 
Additionally, if it is later determined that the Veteran’s death is SC, VA may pay SC burial benefits when a previously decided burial claim is of record for the claimant.  A previously denied claimant is not required to submit a new burial claim or application.
 
Note:  When determining the total amount previously paid, consider previous plot allowance payments.

XI.iii.1.B.2.i.  Example:  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Paid

  
Situation:  A surviving spouse was automatically paid $828 for the NSC burial allowance.  Later, the Veteran’s daughter applies for the $2,000 SC burial allowance, and the rating activity determines the SC burial allowance is payable.
 
Result:  Pay the Veteran’s daughter the remaining burial allowance of $1,172 and notify the daughter that $828 of the maximum burial allowance was already paid to the surviving spouse.
 
Rationale:  Under 38 CFR 3.1702(b), if a claimant qualifies as an eligible claimant and is the first to file a claim for a burial benefit, that claimant is the proper claimant for that particular burial benefit.
 
In this situation, 38 CFR 3.1702(a) states the surviving spouse is the proper claimant for the automatic NSC burial allowance and 38 CFR 3.1702(b) states the Veteran’s daughter is the proper claimant for the remaining SC burial allowance.
 
Important:  If the plot allowance was previously paid, this must be factored into the difference between the amount of the SC burial allowance and the total amount previously paid.  A plot allowance paid to a State, political subdivision of a State, or tribal organizations should not be factored into this calculation.

XI.iii.1.B.2.j.  Transportation Benefit Claim Received With or After the SC Burial Allowance is Paid for Deaths on or After January 5, 2023

  
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.  This is true even when the SC burial allowance was paid as the greater benefit.
 
Reference:  For more information on the transportation benefit, including guidance for deaths that occurred before January 5, 2023, see M21-1, Part XI, Subpart iii, 1.B.6.
 

 3.  NSC Burial Allowance

 
 

Introduction

  

Change Date

  
June 25, 2024

XI.iii.1.B.3.a.  General Eligibility Criteria for NSC Burial Allowance

  
Eligibility for the NSC burial allowance exists if the Veteran
  • was receiving pension or compensation at the time of death
  • was receiving military retired pay in lieu of compensation at the time of death
  • had a claim pending at the time of death and has been found entitled to compensation or pension from a date prior to the date of death
  • has no family or friends who claim the Veteran’s body and there are insufficient resources available in the Veteran’s estate to cover burial and funeral expenses, or
  • died while under VA care.
Note:  Based on the changes enacted in PL 116-315 for deaths that occur on or after January 5, 2023, all NSC burial allowances will be paid the same rate regardless of the place of death.
 
References:  For more information on the

XI.iii.1.B.3.b.  Payment Amount for NSC Burial Allowance 

  
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death, that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance per 38 U.S.C. 2303(a).
 
References:  For more information on

XI.iii.1.B.3.c.  Referring a Claim for NSC Burial Allowance to the Rating Activity

  
An NSC burial should be referred to the rating activity when
  • reasonable probability of SC death exists, and the Veteran’s death certificate (or equivalent) is of record, or
  • an eligibility determination is needed based on a pending claim for pension or compensation at the time of death in which the authorization activity doesn’t have the authority to make a decision.
The Rating Veterans Service Representative must utilize the deferral process to explain if the Veteran would have been entitled to pension or compensation prior to death for NSC burial eligibility and must upload a deferred rating sheet (VA Form 21-6789, Deferred Rating Decision) into the electronic claims folder (eFolder).
 
Important:  Upon review of the evidence of record, the development activity may be unsure if a grant of SC death is warranted.  This will warrant a review of the claim for an implicit SC death by the rating activity.  In these situations, the procedures under M21-1, Part XI, Subpart ii, 1.1 must be followed.
 
Note:  Pension automation (PA) checks all burial claims, regardless of what is claimed, to see if SC death is payable when the Veteran’s death certificate is of record.
 
References:  For more information on

XI.iii.1.B.3.d.  NSC Burial Allowance and the Transportation Benefit

  
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.
 
For deaths that occurred before January 5, 2023, eligibility for the transportation benefit in addition to the NSC burial allowance may exist when the Veteran is buried in a national or covered Veterans’ cemetery or died while under VA care as listed in 38 CFR 3.1706.
 
Reference:  For more information on the transportation benefit, see M21-1, Part XI, Subpart iii, 1.B.6.

 4.  NSC Burial Allowance Based Upon Death While Under VA Care

 
 

Introduction

  
This topic contains information on NSC burial allowance based upon death while under VA care, including

Change Date

  
January 5, 2023

XI.iii.1.B.4.a.  General Eligibility Criteria for NSC Burial Allowance Based Upon Death While Under VA Care

  
Eligibility for the NSC burial allowance based upon death while under VA care exists if the Veteran
  • was hospitalized by VA at the time of death, or
  • died while
    • hospitalized under VA contract at a non-VA facility
    • traveling, under proper authorization and at VA expense, to or from a specified place for the purpose of examination, treatment, or care, or
    • a patient at an approved State Veterans’ home.
VBA may pay the following allowances in addition to the NSC burial allowance based upon death while under VA care:
  • plot or interment allowance, and/or
  • the transportation benefit for expenses or costs incurred.
Notes:
  • Death while hospitalized in the Philippines does not qualify for payment of the NSC burial allowance based upon death while under VA care.
  • A home or residence does not qualify as a VA facility for purposes of 38 U.S.C. 1701(3), 1703, 1720, or 1741.
  • If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  Burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
References:  For more information on

XI.iii.1.B.4.b.  When Verification of Death While Under VA Care Is Not Required

  
If it is reported on the VA Form 21P-530EZ that a death occurred while under VA care, accept the statement as true unless the statement is questionable.  A questionable statement is one that, during review by a claims processor, is inconsistent with the evidence of record and raises doubt of its validity.
 
Example 1:  A widow submits VA Form 21P-530EZ, claiming NSC burial and checks the box indicating the Veteran’s death occurred in a nursing home paid by VA.  The death certificate confirms the death occurred in a VA nursing home.  In this case, verification of death while under VA care is not required because both the application and death certificate show the same place of death.
 
Example 2:  Same scenario as in Example 1, except the death certificate shows the Veteran died at home.  In this case, verification of death while under VA care is required because the application is inconsistent with the evidence of record.  Follow the procedures listed in M21-1, Part XI, Subpart iii, 1.B.4.c to determine next steps.

XI.iii.1.B.4.c.  When Verification of Death While Under VA Care Is Required

  
Use the table below to determine the actions to take when verification of death while under VA care is required due to questionable validity.
 
If verification of death while under VA care …
Then …
can be completed in the Compensation and Pension Record Interchange (CAPRI)
grant up to the maxium burial allowance as specified in 38 U.S.C. 2303(a).
cannot be completed and the Veteran was in receipt of compensation or pension
grant NSC burial allowance and explain in the decision notice that verification of death while under VA care could not be made.
cannot be complete in CAPRI or with evidence received from the claimant
  • follow procedures outlined in M21-1, Part III, Subpart ii, 1.A.2.b to request records from the VA medical center (VAMC), and
  • once a response is received, adjudicate the burial claim.
Note:  In all cases, review 38 CFR 3.159(d) to determine if VA should continue providing assistance in obtaining evidence.
cannot be completed and the Veteran was not in receipt of compensation or pension
deny the claim and explain in the decision notice that verification of death while under VA care could not be made.
 
Reference:  For more information on the general eligibility criteria for NSC burial allowance based upon death while under VA care, see M21-1, Part XI, Subpart iii, 1.B.4.a.

XI.iii.1.B.4.d.  Payment Amount for NSC Burial Allowance Based Upon Death While Under VA Care

  
VBA will pay up to the maximum NSC burial allowance based upon death while under VA care per 38 U.S.C. 2303(a).
 
Notes:
  • If a Veteran is entitled to both NSC burial allowance based upon death while under VA care and SC burial allowance, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
  • The amount in 38 U.S.C. 2303(a) is subject to a yearly cost-of-living increase.

XI.iii.1.B.4.e.  Veterans Absent From VA Care or Qualifying Facility at Time of Death

  
The NSC burial allowance based upon death while under VA care may also be payable for a Veteran who died while under VA care but who was not at a qualifying facility at the time of death.
 
This provision applies if the Veteran was
  • on authorized absence that did not exceed 96 hours at the time of death
  • on unauthorized absence for a period not in excess of 24 hours at the time of death, or
  • absent from the facility for a period not in excess of 24 hours of combined authorized and unauthorized absence at the time of death.
Reference:  For more information on NSC burial allowance based upon death while under VA care eligibility, see 38 CFR 3.1706.

5.  Plot or Interment Allowance

 
 

Introduction

  

Change Date

  
March 13, 2024

XI.iii.1.B.5.a.  General Eligibility for Plot or Interment Allowance

  
For a Veteran who was eligible for burial in a national cemetery under 38 U.S.C. 2402, VBA may pay the plot or interment allowance.
 
Notes:
  • The plot or interment allowance is not payable to an individual claimant if the Veteran is buried or interred in a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Plot allowance is not authorized for Veterans with a date of death prior to June 18, 1973.

XI.iii.1.B.5.b.  Amount Payable for Plot or Interment Allowance

  
Unless VA has evidence on the date of the notice of the Veteran’s death that the expenses incurred were less, VBA will pay the maximum plot or interment allowance.
 
Notes:
  • Always pay the maximum allowance payable to a State, government agency, political subdivision, or tribal organization when the burial is provided without charge in a State Veterans cemetery or other cemetery listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • The section entitled Claim for Plot or Interment Allowance on VA Form 21P-530EZ, must be completed in order to pay plot or interment allowanceance.
References:  For more information on

XI.iii.1.B.5.c.  Plot or Interment Allowance for Burial in a State Veterans Cemetery or on Tribal Trust Land

  
VBA will pay the plot or interment allowance to a State, or government agency or political subdivision of a State, or tribal organization that provided a burial plot or interment for the Veteran if the State or government agency or political subdivision of the State, or tribal organization
  • is claiming the plot or interment allowance for burial of the Veteran in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State, or on trust land owned by, or held in trust for, a tribal organization
  • did not charge for the expense of the plot or interment, and
  • uses the cemetery or section of the cemetery solely for the interment of
    • persons eligible for burial in a national cemetery
    • members of the Army National Guard or the Air National Guard
    • members or former members of a reserve component of the Armed Forces not otherwise eligible for interment in a national cemetery, as per 38 U.S.C. 2402, and
    • individuals otherwise specified within section 38 U.S.C. 2408(i)(2), or
  • is claiming the plot or interment allowance for burial of the unclaimed Veteran remains in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State or on trust land owned by, or held in trust for, a tribal organization.
Notes:
  • The provision pertaining to reserve members and former members applies to deaths on or after November 1, 2000.
  • Three PLs established VA’s authority to pay plot allowance for tribal organizations as follows:
    • PL 95-476 first established the VA State Plot Allowance benefit allowing VA to pay plot allowances for burials which occurred on or after October 18, 1978
    • PL 117-103 authorizes VA to pay plot allowance for eligible burials on trust land owned by, or held in trust for tribal organizations, and
    • PL 117-355 extends VA’s authority to pay the plot allowance specified within PL 117-103 to also include Veterans buried before March 15, 2022, if the plot or interment allowance was not already paid for the burial of that Veteran.  The burial must still have occurred on or after October 18, 1978, the date of enactment of the VA State Plot Allowance..
  • Always pay the maximum allowance payable to a State, government agency, or political subdivision when the burial is provided without charge in a State Veterans cemetery, or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Concede service as verified for plot or interment allowance for burial in a State Veterans cemetery when there is an acceptable separation document of record as directed in M21-1, Part XI, Subpart iii, 1.B.1.b.
  • When a pension management center (PMC) receives a request from a new cemetery location or a request to change a cemetery address, the request should be e-mailed to Pension and Fiduciary (P&F) Service at VAVBAWAS/CO/P&F BUS MGMT.
Important:  PMCs must include the following information in any request to add a new cemetery location
  • name of cemetery or organization
  • cemetery or organization address (street, city, state, and zip code), and
  • cemetery or organization point of contact (POC) to include name, title, and phone number for the POC.
Reference:  For more information on plot or interment allowance eligibility, see

XI.iii.1.B.5.d.  Plot or Interment Allowance for Burial in Other Than a State Cemetery, Tribal Trust Land, or National Veterans Cemetery

  
VBA may pay the plot or interment allowance to an eligible claimant who incurred plot or interment expenses relating to the purchase of a burial plot for a deceased Veteran when the Veteran is buried in a cemetery other than a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), if the
  • NSC burial allowance is payable
  • NSC burial allowance based upon death while under VA care is payable
  • Veteran was discharged from active service for a disability incurred or aggravated in line of duty, or
  • Veteran, at the time of discharge from active service, had a disability, shown by official service records, which in medical judgment would have justified a discharge for disability.
Notes:
  • VA does not pay separate plot allowance when paying SC burial allowance.  Plot can only be paid in addition to SC burial allowance when paying a State (or other political subdivision of a State), or tribal organization.
  • For the amount payable for plot or interment allowance for burial in other than a State or national Veterans cemetery, see M21-1, Part XI, Subpart iii, 1.B.5.b.
Reference:  For more information on Veterans discharged from active service for a disability incurred or aggravated in the line of duty, see 38 CFR 3.1707(c)(3).

XI.iii.1.B.5.e.  Contributions by Government, Public, Tribal, or Private Organizations
If there is evidence at the time of notification of the Veteran’s death that the U.S., a State, or any agency or political subdivision of the U.S. or of a State, or tribal organization, or the Veteran’s employer has paid all or part of the Veteran’s plot or interment expenses, pay the claimant the lesser of the
  • maximum statutory plot or interment allowance if the expenses exceeded the maximum statutory plot or interment allowance, or
  • amount of the total plot or interment expenses minus the amount of expenses paid by the government, public, or private organization or organizations.
Examples:
  • The Veteran’s plot expenses cost $700.  At the time of notification of the Veteran’s death, evidence shows another agency paid $500 for the Veteran’s plot allowance.  If the current statutory plot allowance is $722, pay the claimant a plot allowance of $222, which is the lesser of the amount paid and the current statutory plot allowance.
  • The Veteran’s plot expenses cost $800.  At the time of notification of the Veterans death, evidence shows another agency paid $800 for the Veteran’s plot.  Deny the claim for plot allowance as the expenses paid by the other agency exceed the current statutory plot allowance of $722.

XI.iii.1.B.5.f.  Eligible Claimant’s Loyalty Clearance When Buried in a State Veterans Cemetery

  
Loyalty clearance will be necessary only when a Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), and Veteran forfeiture may be declared under 38 CFR 3.902(d).
 
Do not delay awarding burial benefits pending receipt of formal loyalty clearance, in connection with claims for accrued benefits payable, on the basis of relationship.
 
References:  For more information on

XI.iii.1.B.5.g.  How to Process Claims for State or Tribal Land Plot or Interment Allowance Benefit

  
Effective March 1, 2019, Veterans Service Centers no longer process claims for consolidated State plot or interment allowance.  PMCs have jurisdiction for processing these claims.
 
The table below describes the stages for processing claims for State or tribal land plot or interment allowance benefit.
 
Stage
Who is Responsible
Description
1
State or tribal land cemetery
Submits a claim via Centralized Mail for the plot or interment allowance for Veterans buried in their State Veterans cemeteries (or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1)).
2
PMC Intake Processing Center (IPC)
  • Reviews the claim, and establishes EP 160, PMC State Plot Allowance for State and tribal organization claims.
  • If required, completes a FIRST NOTICE OF DEATH (FNOD) command in Share at the time of claims establishment and ensures the Veteran’s date of death is entered in the Beneficiary Identification and Records Locator Subsystem (BIRLS) VETERAN IDENTIFICATION DATA screen.
  • If service documentation is available, ensures service
    • information (including complete periods of service) is entered and verified in the system of record, and
    • verification documentation is contained in the eFolder or was submitted with the burial claim.
Notes:
  • If a claim for plot allowance is already pending for a Veteran and a duplicate claim is received from the same claimant, do not establish a new claim.  The second claim (duplicate claim) is considered file mail.
  • Add the State Plot contention if applicable.
3
PMC IPC
Uploads the claim to the Veteran’s eFolder.
 
Reference:  For more information on files and folder control, see M21-1, Part II, Subpart ii, 3.
4
PMC Veterans Service Representative (VSR)
  • Reviews each pending claim for complete required service information, prior award history, and correct claims establishment.
  • Completes any required development including requests for service verification.  If development for service verification is necessary, the VSR performs the following actions:
    • contacts the cemetery via telephone and request service verification documentation be submitted
    • documents the call, or call attempt, on a VA Form 27-0820, Report of General Information
    • completes other appropriate development in conjunction with the telephone contact, and
    • if the service documentation cannot be immediately provided following the telephone call, completes the appropriate PIES request and notifies the claimant of the request.
References:  For more information on
5
PMC VSR
Processes a plot award decision in Veterans Benefits Management System-Awards (VBMS-A).
6
Enterprise Management of Payments Workload and Reporting for VA (eMPWR-VA)
  • Batches State awards weekly.  This includes both automated and manual awards.
  • Sends a report to the State cemetery of the payments made.
Note:  Batches only apply to State cemeteries.
 
Important:  If a State or tribal cemetery submits a claim for plot or interment allowance that has already been paid to the surviving spouse or other beneficiary, the PMC should send a due process notification to the beneficiary requesting evidence showing they paid for plot or interment.  If no evidence is received during the due process period, the PMC must terminate the prior plot or interment allowance payment.  Following termination of the prior plot award, the PMC should pay the State Veterans cemetery or tribal cemetery the plot or interment allowance.
 
The PMC should follow the regular due process procedures as listed in M21-1, Part I, Subpart i, 1.B and M21-1, Part X, Subpart ii, 3.A–C, and recoup monies paid to the surviving spouse or other claimant.
 
Exception:  If a Veteran was properly buried and their remains are later moved to a State Veterans cemetery, do not terminate the prior plot or interment allowance payment to the initial claimant in order to pay the State or tribal cemetery.  In this instance, the State or tribal cemetery would be barred from receiving payment if the evidence shows the surviving spouse or other beneficiary was originally paid correctly.

XI.iii.1.B.5.h.  Establishing Debts Against State Veterans Cemeteries or Tribal Cemeteries

  
The table below describes the stages for establishing a debt against a State Veterans cemetery or tribal cemetery after the expiration of regular due process procedures outlined in M21-1, Part XI, Subpart iii, 1.B.5.g.
 
Important:  State Veterans cemeteries and tribal cemeteries are third parties; therefore, the Debt Management Center (DMC) does not have jurisdiction over these debts nor will the DMC send debt notices.
 
Stage
Who is Responsible
Description
1
PMC VSR
  • Processes a State plot award decision in VBMS-A to terminate the State plot payment against the incorrect State Veterans cemetery or tribal cemetery
  • creates and sends a decision notification letter to the cemetery
  • notifies the local finance activity of termination, and
  • requests the local finance activity to create and mail debt notice to the cemetery.
2
local finance activity
  • Creates and mails debt notice to State Veterans cemetery or tribal cemetery
  • moves debt from the eMPWR-VA to the Centralized Administrative Accounting Transaction System (CAATS), and
  • notifies PMC VSR that a debt has been moved to CAATS.
3
PMC VSR
  • Processes a State plot award decision in VBMS-A to pay the correct State Veterans cemetery or tribal cemetery, and
  • creates and sends a decision notification letter to the cemetery.

XI.iii.1.B.5.i.  Automated State Plot Batch Process

  
The automated consolidated State plot or interment batch review process
  • runs nightly
  • reviews the corporate data for pending State plot claims
  • reviews for the following eligibility requirements
    • proper claims establishment
    • a date of death in BIRLS
    • complete service periods, including character of discharge
    • verified service
    • other than dishonorable service, and
    • no pending or prior plot allowance award
  • creates an award and closes the pending EP if all eligibility requirements are met, and
  • issues an individual award letter to the State cemetery claimant and uploads a copy of the award letter in the Veteran’s eFolder.
Note:  If automation does not occur, the EP is set to Ready to Work and remains pending for review and processing by the PMC VSR.
 

 6.  Transportation Benefit

 
 

Introduction

  

Change Date

  
November 22, 2024

XI.iii.1.B.6.a.  Transportation Benefit Under 38 U.S.C. 2303(a)

  
Effective January 5, 2023, PL 116-315 expanded eligibility for the transportation benefit.  With this change, most transportation benefits paid by VBA will be paid under 38 U.S.C. 2303(a).
 
This block describes the eligibility criteria under 38 U.S.C. 2303(a).  If a Veteran does not qualify under 38 U.S.C. 2303(a), they may qualify under 38 U.S.C. 2308.  Eligibility criteria for 38 U.S.C. 2308 is found in M21-1, Part XI, Subpart iii, 1.B.6.b.
 
When the transportation benefit is payable under 38 U.S.C. 2303(a), VA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the:
  • Veteran’s date of death is on or after January 5, 2023
  • death occurs within a State
  • place of burial is in any State, and
  • Veteran meets any of the following:
    • the Veteran died while hospitalized by VA or other facility listed in 38 CFR 3.1706
    • the Veteran’s remains are unclaimed, or
    • at the time of death, the Veteran was in receipt of
      • disability compensation
      • military retired pay in lieu of disability compensation, or
      • VA pension.
Exception:  For Veterans that died while hospitalized by VA or other facility listed in 38 CFR 3.1706, the place of burial may be a State, Mexico, or Canada.
 
Important:  In instances where eligibility for transportation benefit exists under both 38 U.S.C. 2303(a) and 38 U.S.C. 2308, the benefit payable under 38 U.S.C. 2303(a) will always be at least as great or more than under 38 U.S.C. 2308.
 
References:  For more information on

XI.iii.1.B.6.b.  Transportation Benefit Under 38 U.S.C. 2308 for Burial in a National or Covered Veterans’ Cemetery

  
When a transportation benefit claim cannot be paid under 38 U.S.C. 2303(a), claims processors should review for entitlement under 38 U.S.C. 2308.  Under 38 U.S.C. 2308, regardless of the Veteran’s date of death, VBA will pay the costs incurred to transport a Veteran’s remains for burial in a national or covered Veterans’ cemetery if the Veteran
  • died as the result of an SC disability
  • was receiving SC disability compensation on the date of death
  • would have been receiving SC disability compensation on the date of death but for the receipt of military retired pay or VA pension
  • is later determined by VA to have been entitled to SC disability compensation from a date before the Veteran’s death, or
  • remains are unclaimed.
Notes:
  • For claims processed on or after January 5, 2023, PL 116-315 expanded the transportation benefit to include Veterans buried in a covered Veterans’ cemetery.
  • There is no requirement that death occur in a State to pay the transportation benefit under 38 U.S.C. 2308.
  • VA will pay reasonable costs incurred to transport a Veteran’s remains to the nearest national cemetery (with available space) from the Veteran’s last place of residence.
  • If a claim for the transportation benefit would be denied based solely on failure of the claimant to provide the place of burial, search for the burial location using the National Cemetery Administration (NCA) Nationwide Gravesite Locator to determine if the Veteran was buried in a national or covered Veterans’ cemetery.  Claims processors must document the result of this action by creating a permanent note in VBMS.  If the website link has become obsolete, notify P&F Service at VAVBAWAS/CO/P&F POL & PROC.
References:  For more information on

XI.iii.1.B.6.c.  Transportation Benefit for Death While Under VA Care

  
Regardless of the Veteran’s date of death, VBA may pay the costs incurred to transport a Veteran’s remains if the Veteran died while hospitalized by VA, or other facility as listed in 38 CFR 3.1706.
 
VBA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the death occurs within a State, and the place of burial is in
  • any State
  • Canada, or
  • Mexico.
Notes:
  • If the Veteran died while receiving properly authorized VA care, and the body is shipped to the place of burial by rail, it is not necessary that the body be shipped on a government bill of lading.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
Exception:  If the burial is in Canada or Mexico, VBA only authorizes payment for transportation from the place of death within a State to the port of embarkation within a State, or to the border limits of the U.S.
 
References:  For more information on

XI.iii.1.B.6.d.  Required Evidence for a Transportation Benefit Claim

  
The claimant must submit an itemized receipt or statement, preferably on letterhead that includes the
  • name of the deceased Veteran for whom the services and transportation were furnished
  • nature and cost of the services and transportation
  • name of the claimant that files for the transportation benefit, and
  • dates of the services rendered.
Notes:
  • If the transportation benefit is claimed, and the amount of expenses incurred on the application is more than the itemized receipt, pay the transportation benefit based on the charges listed on the itemized receipt and solicit for documentation of the additional transportation costs incurred in the decision notice.
  • If the statement or receipt does not show any transportation expenses, deny the transportation benefit and develop in the decision letter.
  • If the transportation benefit is claimed, and the receipt is not itemized, VBA may accept phone call development to the funeral home to obtain an itemized statement.
  • If attempts to contact the funeral home are unsuccessful, deny the transportation benefit and develop in the decision letter.
  • VA will pay for transportation expenses that are incurred as claimed on the application and verified through the statement of account.  Statements or receipts do not have to show paid in full, only that expenses were incurred.
Important:  Transportation expenses may be considered claimed if they are reported on the prescribed form and/or reported on other evidence submitted at the same time as the prescribed form, such as an itemized funeral bill.
 
References:  For more information on

XI.iii.1.B.6.e.  Allowable Transportation Expenses

  
When the transportation benefit is payable, VBA may pay for reasonable expenses relating to transportation of the Veterans remains to their final resting place.  Transportation expenses include, but are not limited to
  • charges for
    • the pickup of remains (round-trip or flat-charge basis)
    • escort accompanying remains if the Veteran dies while properly receiving VA care, and
    • air transportation when deemed necessary or advantageous on the basis of urgency and funeral arrangement details and on a cost basis (if air shipment is authorized, limit the amount paid to the usual air freight charges)
  • shipment via common carrier, and
  • general costs of transporting the remains to the place of burial.
Notes:
  • VBA only pays the one-way fare for an escort for transportation expenses.
  • Reasonable transportation charges must not exceed the charges customarily made to the general public.
  • Itemized charges for transportation by hearse should not routinely be questioned.  However, if the evidence shows that transport by hearse appears to be over a long distance and the services of a common carrier were readily available, limit the amount of payment for such transportation to the common carrier rates (including hearse charges to and from the common carrier terminals).  Limit the payment to the common carrier rates only if it is apparent that a common carrier should have been used and would not have imposed any hardship on the family or caused undue delay of the funeral or burial.
  • In determining the amount payable for transportation costs incurred, include Federal taxes charged by a common carrier.

XI.iii.1.B.6.f.  Transportation Benefits When Burial Claims Are Processed Through PA

  
PA cannot process transportation benefits when automating burial claims because it cannot validate itemized statements.  PA may finalize decisions for other burial benefits such as burial or plot allowance, then continue the claim at authorization.  The claim then routes to a PMC to address the transportation benefit.
 
Reference:  For more information on PA processing, see M21-1 Part XI, Subpart iii, 1.A.6.b.
 

 7.  Burial of Veterans Unclaimed Remains

 
 

Introduction

  

This topic contains information on burial arrangements and payment for the cost of burial for unclaimed remains of Veterans, including

Change Date

  
November 22, 2024

XI.iii.1.B.7.a.  General Eligibility for Burial Allowance of Unclaimed Remains

  
NSC burial allowance is payable for a Veteran if
  • the remains of the deceased Veteran are unclaimed
  • burial expenses were not paid for or reimbursed by another agency (such as the Veterans Health Administration (VHA)), and
  • there are insufficient resources available in the Veteran’s estate to cover the burial and funeral expenses.
Notes:
  • Per PL 112-260 (with effective date of July 7, 2014, per 79 FR 32653), the following are not required for unclaimed remains:
    • wartime service or discharge due to disability requirements
    • receipt of compensation or pension at the time of death, or
    • authorization of the deceased Veteran’s funeral service by the State or political subdivision of the State.
  • The claim must be denied if the application for burial benefits indicates that there are sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses, and the funeral home is claiming benefits for unclaimed remains.
  • Next of kin listed on a death certificate does not necessarily mean that a Veteran’s remains are claimed.  If a VA Form 21P-530EZ is received from a funeral home or other third party, the signature on the application indicates they have legally sworn that they incurred expenses.  However, if the Unclaimed Remains of the Veteran box is not checked and there is no indication of evidence of an unclaimed remains claim (such as an indication elsewhere on the application that certifies the remains of the deceased Veteran have not been claimed and sufficient resources aren’t available), deny the claim and notify the funeral home of the evidence needed in the decision letter.
  • Before paying burial benefits for unclaimed remains, claims processors must review the Veteran’s eFolder for a potential Veteran Unclaimed Remains Memo to ensure burial expenses were not already paid by VHA.
  • In cases where VBA pays a burial benefit associated with unclaimed remains, claims processors are required to complete a Veteran Unclaimed Remains Memo and upload it to the Veteran’s eFolder.
  • If the funeral home is the proper claimant on the application, VA can accept a stamped signature on the application.  There is no requirement for a wet signature.
References:  For more information on

XI.iii.1.B.7.b.  Payment Amount for Unclaimed Remains

  
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance for the unclaimed remains of a Veteran.
 
Note:  The SC burial allowance is not payable for the unclaimed remains of a Veteran.
 
Reference:  For more information on the maximum NSC burial allowance, see the burial benefit rates chart.

XI.iii.1.B.7.c.  Unclaimed Remains of a Veteran Who Died at a VA Hospital

  
If a Veteran dies in a VA hospital or while under VA care and the remains are unclaimed, VHA is responsible for the burial arrangements.
 
The VAMC of jurisdiction is responsible for promptly filing or forwarding the following documents to the regional office (RO) for filing in the deceased Veteran’s eFolder if one is not already of record:
Important:
  • When an eFolder has not been created, VHA will utilize QuickSubmit to submit documents to the RO.
  • VBA is responsible for creating an eFolder and filing the submitted documents.

Notes:

  • If applicable, process a Veteran FNOD.
  • If a record for the deceased Veteran does not exist in VBA systems, establish a Veteran profile and add the date of death in the corresponding record.  Upload the VHA documents once the profile has been created.
  • Prompt review of the documents submitted by VHA will prevent duplicate payments in situations where VHA is responsible for the burial.
References:  For more information on

XI.iii.1.B.7.d.  Definition:  Death While Under VA Care Specifically in the Context of Unclaimed Remains

  
The following instances of care qualify as a death while under VA care, specifically in the context of unclaimed remains, and allow VHA to procure and arrange a dignified burial for unclaimed remains:
  • Death while under VHA-authorized inpatient admission at a VA
    • medical center
    • community living center
    • domiciliary, or
    • residential rehabilitation and treatment program.
  • Death while under VHA-authorized inpatient admission at a non-VA hospital or other medical facility in the community (Veterans community care program, contract nursing home, State home as defined in 38 CFR 51.2, medical foster home a Veteran has been properly placed in at the expense of the VA consistent with 38 USC 1720(h), inpatient hospice, or other Federal facilities using authority under 38 CFR 17.50).
The following instances of care do not qualify as a death while under VA care and would require referral to a VBA Indigent Veterans and Unclaimed Remains Coordinator (IVURC) to assess applicability of VBA and NCA authorities relevant to unclaimed remains:
  • Any death while not under VHA-authorized inpatient admission described above.
  • Any death while receiving VHA-authorized outpatient care.
Note:  In the rare circumstance where the guidance above does not clearly distinguish VBA or VHA responsibility, send an email to VACOVHADAPIT@va.gov for assistance.

XI.iii.1.B.7.e.  Third Party NSC Burial Benefits for Unclaimed Remains

  
If a funeral home or third party who handled the arrangements for a Veteran whose remains are unclaimed files a claim for NSC burial allowance based on unclaimed remains, pay the NSC burial allowance based on unclaimed remains, and review the claim for potential plot allowance and/or transportation benefits.
 
Do not pay a plot or interment allowance to a funeral home or third party if the Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).  The plot or interment allowance is payable to the State or agency or political subdivision of a State, or tribal organization.
 
References:  For more information on

XI.iii.1.B.7.f.  Denial of Funeral Home or Third-Party Burial Claimants

  
For all burial claims received from funeral home directors or other third parties not listed in 38 CFR 3.1702(b), VA does not pay a burial allowance unless the funeral home or other third party provided services for the unclaimed remains of a Veteran.
 
If the evidence shows that the Veterans remains are not unclaimed, then deny the funeral home or other third-party claimant using the following language:
 
We have denied your claim for VA burial benefits because there is no indication the Veteran’s remains are unclaimed.  VA pays burial benefits automatically to surviving spouses upon the first notice of death, or to the first living person to file a claim of the following priority claimants: surviving spouse, survivor of a legal union, children (regardless of age), parent(s) or the executor or administrator of the estate of the deceased Veteran.  Burial benefits will not be paid to funeral directors, funeral homes, or other service providers unless the Veteran’s remains are unclaimed.
XI.iii.1.B.7.g.  Role of the IVURC  
Each RO is required to designate an IVURC.  The IVURC will
  • confirm that the remains of the deceased Veteran have not been claimed by relatives or friends and that there are not sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses
  • conduct outreach for unclaimed remains
  • process all requests for burial arrangements of unclaimed remains to include
    • verification of Veteran status, if required, and
    • reporting completion of requests to their chain of command as directed by local RO leadership or management
  • serve as the local subject-matter expert on burial arrangements for unclaimed remains, and
  • communicate with contacts within VHA and NCA.
References:  For more information on

XI.iii.1.B.7.h.  IVURC Responsibilities Upon Contact by NCA for Next of Kin

  
When an IVURC is contacted by NCA to locate or rule-out any potential next of kin, the IVURC must
  • follow the procedures in Step 1 of M21-1, Part XI, Subpart iii, 1.B.7.n, to exhaust all methods to locate a next of kin
  • conclude if a next of kin is present and assuming burial responsibilities or that there is no next of kin, and
  • respond to NCA within 14 calendar days of their request, either confirming
    • a negative comprehensive search result for next of kin, or
    • next of kin was identified and contacted, providing NCA their name, and if so, whether they assumed burial responsibilities.
Note:  An IVURC will be contacted by NCA, according to the Indigent Veterans and Unclaimed Remains Outreach Program Coordinators website, based on RO of jurisdiction while considering volume of workload.

XI.iii.1.B.7.i.  Controlling Requests for Burial Arrangements of Unclaimed Remains

  
A request for burial arrangements, including verification of Veteran status, must be completed by the station of jurisdiction’s (SOJ’s) IVURC.
 
Follow the steps in the table below when VA receives a request for burial arrangements of unclaimed remains.
 
Step
Action
1

Does the request include the decedent’s name, date of birth (DOB), and Social Security number (SSN) or service number?

  • If yes, go to the next step.
  • If no,
    • notify the requestor of the information required before VA can proceed with verification of Veteran status, and
    • take no further action until the information is received.

Exception:  If only the decedent’s name and SSN are provided, and this is sufficient to identify a matching record in VA systems, as outlined in Step 2, no further identifying information is required.
2

Is there an existing Veteran record for the decedent in VA systems (i.e., VBMS, Share)?

  • If yes, go to Step 4.
  • If no, go to the next step.
3

Did the request include accompanying evidence to determine the remains are those of a Veteran in order to establish a Veteran record (e.g., DD Form 214 or other evidence of qualifying service)?

  • If yes,
    • create a Veteran profile
    • add the
      • Veteran service information, and
      • date of death, if available, and
    • go to the next step.
  • If no, go to Step 5 for instructions on forwarding all request information to the IVURC when there is no Veteran record and, as such, a controlling EP 500 cannot be established.
4
  • Establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains.
  • Add the following VBMS note:  A request for verification of Veteran status and/or burial arrangements was received requiring action by the IVURC.
  • Set a one-day suspense date.
  • Go to the next step.
5
Determine the SOJ for the request based on the area in which the individual died.  Use the table below to determine the appropriate action to take.
 
If the request is for an individual who died in an area …
 And an EP 500 for burial arrangements …
Then …
under the jurisdiction of the RO that received the request
 was established
use local routing rules to route the EP 500 to the RO’s IVURC.
could not be established (no Veteran record)
e-mail the RO’s designated IVURC and provide the request information for further development.
outside of the jurisdiction of the RO that received the request
 was established

manually broker the EP 500 to the RO in the area where the individual died.  This is the SOJ.

Upon receipt of the EP 500, the RO will use local routing rules to route the EP to the station’s IVURC.
could not be established (no Veteran record)
e-mail the SOJ’s IVURC and provide the request information for further development.
 
Notes:
  • If applicable, process a Veteran FNOD.
  • Burial arrangement and/or verification of Veteran status requests do not require a standard form and can be made by telephone or written correspondence.
  • The RO is responsible for ensuring that any State laws or local practices that differ from general procedural guidance, are covered under a local, current and correct standard operating procedure.
References:  For more information on
XI.iii.1.B.7.j.  Required Information to Verify Veteran Status of Unclaimed Remains  
The requestor for burial arrangements must provide, at a minimum, the decedent’s name, DOB, and SSN or service number when
  • a Veteran profile
    • has not already been established in VBMS, or
    • cannot be established, or
  • the information provided by the requestor cannot be clearly linked to an established profile.
The date of death and branch of service should also be provided, if available.
 
The required information can be provided through written correspondence or via telephone contact documented on VA Form 27-0820.
 
Notes:
  • If the individual/entity requesting verification of Veteran status cannot provide the minimum information required, notify the requestor that VA cannot take further action until the required information is provided.
  • Written requests for verification of Veteran status do not require a standard form.
Reference:  For more information on verifying Veteran status of unclaimed remains, see M21-1, Part XI, Subpart iii, 1.B.7.j.
XI.iii.1.B.7.k.  Verifying Veteran Status of Unclaimed Remains  
To verify Veteran status of unclaimed remains for burial arrangements, the IVURC will use the evidence of record used to pay benefits during the Veteran’s lifetime.  If the Veteran was never in receipt of VA benefits, and acceptable documentation verifying service is not of record, then
  • review service information within VIS and/or DPRIS, and (if verification cannot be made)
  • ask the requestor to submit
    • a copy or certified copy of a DD Form 214, or
    • other evidence of qualifying service.
Use the table below to determine how an indicated cemetery should be contacted to verify eligibility when the requestor, upon VA’s request, cannot readily provide evidence of qualifying service.
 
If VA records do not contain Veteran service verification documentation and the interment will occur in a …
Then the IVURC will contact …
national cemetery
NCA’s Eligibility Office of the NCSO.
 
The NCSO will verify Veteran status and simultaneously determine eligibility for burial in a VA national cemetery.
covered Veterans’ cemetery
that cemetery directly for eligibility determination.

XI.iii.1.B.7.l.  Contacting the NCSO

  
Follow the steps in the table below when the IVURC needs to contact the NCSO.
 
Step
Action
1
The IVURC will request a copy of the National Cemetery Unclaimed Remains Eligibility Request Worksheet via e-mail by sending the request to NCAUnclaimedRequest@va.gov.

2
The IVURC will work in partnership with the remains custodian to complete the worksheet.
 
Notes: 
  • The claimant information provided on the worksheet will be that of the entity that has custody of the decedent’s remains.
  • The IVURC will be treated by NCA as a Personal Representative to ensure the organization and the IVURC receive all NCA communication regarding eligibility.
3
Once the worksheet is completed, it must be emailed to the NCA Unclaimed Requests Mailbox for case development using the following subject line:
 
VBA (Location Regional Office Unclaimed Remains Request – Decedent’s Name).
 
Example:  VBA Los Angeles Regional Office Unclaimed Remains Request – John Doe.
 
Important:  The body of the e-mail must contain all known identifying information, to include the minimum requirements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.i.

XI.iii.1.B.7.m.  Documenting Verification of Veteran Status

  
Use the table below to determine the appropriate action the IVURC will take if verification confirms the remains are those of a Veteran.
 
If there is …
Then …
a Veteran profile already established
  • update the record with verification of service, if not already completed
  • ensure
    • an EP 500 with the claim label Burial Arrangements for Unclaimed Remains is established, and
    • the date of death is of record, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
no Veteran profile established
  • create a Veteran profile
  • add the
    • Veteran service information, and
    • date of death
  • establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
 
Important:
  • Do not complete a PIES request to attempt to verify Veteran status.  This will be completed by the NCSO if other attempts are unsuccessful.
  • If the remains are not of a Veteran, or it is inconclusive if the remains are of a Veteran after VA has exhausted all required methods to verify Veteran status, inform the requestor and take no further action.
  • A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.n if the exception to completing burial arrangements applies.
References:  For more information on

XI.iii.1.B.7.n.  Making Burial Arrangements 

  
When a request for burial arrangements of unclaimed remains is received, follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.h to establish the appropriate EP 500 for burial arrangements and initiate the process of verifying Veteran status with the SOJ’s IVURC.
 
The IVURC will follow the steps in the table below after positive verification of Veteran status is established.
 
Step
Action
1
Review VA records to attempt to locate a next of kin who will be
  • encouraged to assume burial responsibilities, and
  • advised of any burial benefits known to be available in the individual case
Notes:
  • The IVURC is required to utilize VA applications such as CAPRI, as well as communicating with POCs within VHA, to exhaust all attempts to locate a next of kin.
  • If a potential next of kin is identified, the IVURC must make reasonable efforts to contact them.  Reasonable efforts generally consist of an initial telephone contact attempt to the individual’s current telephone number and at least one follow-up attempt on a different day if the initial attempt is unsuccessful.
    • If a follow-up call is attempted, and contact cannot be made, the IVURC must leave a message with their contact information and then wait up to five calendar days before moving to the next step.
    • These attempts must be documented accordingly on VA Form 27-0820.
  • Unsuccessful contacts documented on VA Form 27-0820 must, at a minimum, contain the following text:  I certify that I made two attempts to reach the potential next of kin and that I waited five calendar days after the second attempt before concluding that the potential next of kin could not be reached.
  • A successful contact with a potential next of kin, that results in the contact not assuming burial responsibilities, must be documented on VA Form 27-0820 and contain the following text:  I certify that I made contact with the potential next of kin; however, after advising them of any potential burial benefits available and encouraging them to claim the remains and assume burial responsibilities, they declined.
2
Has a next of kin been located and are the remains claimed?
  • If yes,
    • act as liaison between the claimant and the institution in possession of the remains to provide contact information for each party
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • send a VA Form 21P-530EZ to the next of kin who claimed the remains
    • inform NCA through documented e-mail that a next of kin has been located and burial responsibilities have been assumed
    • clear the EP 500, and
    • take no additional action.
  • If no, or no next of kin is identified, go to the next step.
Important:  An IVURC is only required to contact the most recent next of kin(s) of record reported by the Veteran to VHA or VBA.  There is no expectation to research and contact previously reported next of kin, however, if multiple next of kins were reported at the same time by the Veteran, contact attempts must be initiated to all listed prior to providing a negative comprehensive search result for next of kin.
3
Determine suitability for burial in a VA national cemetery by contacting the NCSO (if this has not already been completed during verification of Veteran status).
 
To determine suitability, send an encrypted e-mail to NCAUnclaimedRequest@va.gov with the following subject:  Request for Determination of Suitability for Burial in a National Cemetery.  In the body of the e-mail inform NCA that service has been verified and include the Veteran’s name, DOB, branch of service, and SSN or service number.  The date of death should also be provided, if available.
 
Is final disposition in a VA national cemetery determined as suitable?
  • If yes,
    • act as liaison with the NCSO and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, but potentially eligible for burial in a State or tribal Veterans’ cemetery
    • locate the closest applicable State and Tribal Veterans’ cemetery using the VA Grant-Funded Cemeteries Listing website (which includes non-VA grant-funded cemeteries)
    • act as liaison with cemetery leadership and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, and not eligible for burial in a State or tribal Veterans’ cemetery, go to the next step.
Note:  If Veteran status is verified, the remains of the deceased are deemed as eligible for burial in a VA national, State, or tribal Veterans’ cemetery.  However, there may be instances where burial in a State or tribal Veterans’ cemetery may be a more feasible option because the deceased’s remains are in closer proximity to one of these cemeteries, or the nearest national cemetery does not have available space.  Although eligible, IVURCs must still work with the State or tribal Veterans’ cemetery to determine if its requirements (such as residency) are met.
4
Is the requestor an institution willing and able to make the burial arrangements?
  • If yes,
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • inform the institution of potential burial benefits and encourage them to file a claim
    • clear the EP 500, and
    • take no additional action.
  • If no, go to the next step.
Note:  A willingness to arrange for a burial is not the same as claiming remains.  There may be instances where institutions are contacting VA to only verify Veteran status as they are suited to completing burial arrangements directly.
5
Leverage the local resource directory developed through outreach to locate a funeral home, cemetery, mortuary, or other third-party institution to arrange for a dignified burial of the Veteran’s unclaimed remains.
 
While negotiating, advise the institution of eligibility for NSC allowance and other possible plot and transportation benefits known to be available.  Provide the VBA Burial and Plot-Interment Allowances Fact Sheet and the NCA Unclaimed Veteran Remains website.
  • If efforts are successful
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If all efforts are exhausted and unsuccessful, go to the next step.
Notes:
  • Depending on the outreach contacts made, coordination with a Veteran Service Organization’s contacts may also be used to locate a resource for the burial arrangements.
  • Efforts are not limited to the developed outreach directory.  Attempt to locate other possible resources through additional research in order to exhaust all avenues.
6
Refer the matter to the RO Director for further action.
 
After consultation with the IVURC, the RO Director will take all necessary actions to ensure the completion of a dignified burial to include reengaging with previously contacted funeral homes, cemeteries, or other institutions.
 
The RO Director will inform the IVURC of final burial arrangements, when completed.  The IVURC will document the final burial arrangements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o and clear the EP 500.
 
Important:
  • The IVURC must not make (or attempt to make) burial arrangements before establishing positive verification of Veteran status for the unclaimed remains.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.j for verifying Veteran status.
  • If, during the process of arranging for a burial, the remains are claimed, discontinue burial arrangement efforts and follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.o.

References:  For more information on
XI.iii.1.B.7.o.  Exception to Completing Burial Arrangements  
A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.
 
If the unclaimed remains are of a Veteran but there are no qualifying periods of other than dishonorable service, inform the requestor and take no further action on burial arrangements (if assistance in providing this service was also requested).
 
Document this information on a VA Form 27-0820 and upload it for inclusion in the Veteran’s eFolder.

XI.iii.1.B.7.p.  Following Disposition of Remains

  
Following final disposition of the Veteran’s remains, the IVURC will
  • prepare a VA Form 27-0820, identifying and documenting all circumstances of the case in which responsibility was assumed by
    • an interested person or next of kin, for claimed remains, or
    • a cooperating funeral director or other institution, for unclaimed remains, and
  • upload the VA Form 27-0820 to the Veteran’s eFolder.

Updated Jan 10, 2025

In This Section

 
This section contains the following topics:
 
Topic
Topic Name
1
2
3
4
5
6
7
 

 1.  General Veteran Eligibility Criteria

 
 

Introduction

 

This topic contains information on general eligibility criteria a Veteran must have met for the Veterans Benefits Administration (VBA) to pay burial benefits, including

Change Date

 
November 22, 2024

XI.iii.1.B.1.a.  Veterans for Burial Benefits Purposes

 
A Veteran for the purpose of burial benefits is an individual who
  • served in the active military, naval, air, or space service, and
  • was discharged or released under conditions other than dishonorable.
Reference:  For more information on the definition of a Veteran for the purpose of burial benefits, see

XI.iii.1.B.1.b.  Verifying a Veteran’s Service for Burial Benefits

 
A Veteran must have had one qualifying period of other than dishonorable service for burial benefits to be payable.
 
To verify qualifying service for entitlement to burial benefits, use the evidence on which the Department of Veterans Affairs (VA) relied to pay benefits during the Veteran’s lifetime, unless there is evidence that creates doubt as to its validity.
 
If the Veteran was never in receipt of VA benefits and acceptable documentation verifying service is not of record
  • request verification from the Veteran’s service department via the Personnel Information Exchange System (PIES), and/or
  • ask the claimant to submit a copy or certified copy of
    • DD Form 214, Certificate of Uniformed Service, or
    • Certificate of Discharge
  • review service information within Veteran Information Solution (VIS), or
  • submit a Defense Personnel Records Information Retrieval System (DPRIS) request.
Exception:  If the Veteran’s body is unclaimed, the National Cemetery Scheduling Office (NCSO) will verify service and determine eligibility for burial in a VA national cemetery.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.k to verify Veteran status in matters where burial arrangements for unclaimed remains are pending.
 
Notes:
  • A DD Form 214 or equivalent report of separation showing character of service submitted by a State cemetery is acceptable proof of service for State Plot burial benefits as noted in M21-1, Part III, Subpart i, 1.B.3.a.
  • Concede service as verified for
    • burial purposes only if there is evidence that the Veteran is buried in a national cemetery when there is no service verified and annotate the award that service is conceded because the Veteran is buried in a national cemetery, or
    • claims based on unclaimed remains, if all of the following criteria are met
      • there is no service verified, and a DD Form 214 or equivalent report of separation showing character of service as noted in M21-1, Part III, Subpart i, 1.B.2 is of record, and
      • in the opinion of the claims processor, the discharge document is genuine and unaltered, and the information contained in it is accurate.
  • If service is conceded for a claim based on unclaimed remains, annotate the award, Service is conceded based on documentation submitted with the claim.
References:  For more information on

XI.iii.1.B.1.c.  Service Members Who Died During Military Service

 
VA burial benefits are not payable for a service member who died while serving on active military duty.  The military service department covers the cost of the burial or plot or interment allowance, not VA.

XI.iii.1.B.1.d.  Service Certified as Active Military Service Under PL 95-202

 
Under Section 401 of Public Law (PL) 95-202, enacted November 23, 1977, service which had not been recognized as active military service was certified as such for certain groups of individuals.
 
Burial benefits can be paid for a Veteran who died before the Department of Defense (DoD) recognizes the Veteran’s service as active military service under the PL.  However, payment may not exceed the rate in effect at the time of burial.
 
Notes:
  • The PL generally applies to Veterans who served as civilians during World War II.  However, there is no ending date to the PL.  DoD still has authority to recognize service as active military service under the PL.
  • If a Veteran, whose service was recognized under PL 95-202 (see 38 CFR 3.7(x)) died before the date of recognition, payment may not exceed the statutory rate in effect at the time of the burial.
References:  For more information on

XI.iii.1.B.1.e.  Service Department Certification of Active Federal Service

 
If the military service department certifies that there has been active Federal service, accept this as a basis for adjudicating benefits if the individual was, in fact, mustered into Federal service, unless there is evidence to the contrary.
 
Reference:  For identification of certain individuals who had active Federal service that may not be recognized by the service department, see 38 CFR 3.7(t).

XI.iii.1.B.1.f.  Eligible Veterans’ Loyalty Clearance

 
If a loyalty clearance is required for making a burial benefit decision, see M21-1, Part X, Subpart i, 3.B.6.
 
In the absence of a decision concerning the Veteran’s loyalty or forfeiture of benefits, the Veteran’s loyalty clearance will not be required.
 
Reference:  For more information on an eligible Veteran’s loyalty clearance, see

XI.iii.1.B.1.g.  Suicide as the Cause of Death

 
Death by suicide does not preclude the payment of burial benefits.  However, the service-connected (SC) burial allowance may be granted only if the suicide can be linked to a disability that is subject to service connection.
Exception:  If a death certificate is received with suicide listed as the cause of death, and the Veteran’s SC disabilities are rated 100-percent disabling (excluding individual unemployability (IU)), a rating decision is not required.
 
References:  For more information on
 

 2.  SC Burial Allowance

 
 
Introduction
 

Change Date

 
January 10, 2025

XI.iii.1.B.2.a.  General Eligibility for the SC Burial Allowance

 
An SC burial allowance is payable for Veterans
  • who died as a result of SC disability or disabilities (including 38 U.S.C. 1151)
  • who were rated totally disabled (100 percent) for an SC disability or disabilities at time of death (excluding IU), or
  • when Dependency and Indemnity Compensation (DIC) is granted (including DIC granted under 38 U.S.C. 1318 or 38 U.S.C. 1151).
Exception:  The SC burial allowance is not payable if the Veteran’s remains are unclaimed.  Do not send the claim to the rating activity.
 
Note:  PL 114-315 allows the Veterans Benefits Administration (VBA) to grant SC burial allowance to a surviving spouse without a claim when DIC benefits are granted and the Veteran’s date of death occurred on or after December 16, 2016.  The DIC award establishes entitlement and dependency.
 
VBA may not grant SC burial allowance without a burial claim under PL 114-315 if
  • a previous SC burial claim was submitted by a different claimant based on 38 CFR 3.1702, or
  • the surviving spouse was previously denied SC burial.
Important:  A VA Form 21P-530EZ, Application for Burial Benefits (Under 38 U.S.C. Chapter 23) is only considered an application for burial allowance, plot/interment allowance, and transportation benefit; it is not considered a claim for DIC. A standard application form for DIC benefits is required to evaluate eligibility and entitlement to DIC.
 
References:  For more information on

XI.iii.1.B.2.b.  Payment Amount for the SC Burial Allowance

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum SC burial allowance.
 
Note:  If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
 
References:  For more information on

XI.iii.1.B.2.c.  When to Send a Claim for a Rating Decision on SC Death

 
Unless there is evidence to the contrary on the date VA receives notice of the Veteran’s death, presume for the purposes of burial benefits only, that a Veteran died from SC disability or disabilities if the Veteran had an SC disability or disabilities rated 100 percent at the time of death (excluding IU).
 
Important:  This applies only to eligibility for the SC burial allowance.
 
Use the table below to determine when to send a claim to the rating activity for SC death.
 
If the Veteran’s disability or disabilities are …
Then …
rated 100 percent SC at time of death (excluding IU)
  • grant SC burial allowance, and
  • do not send the claim to the rating activity.
Note:  Do not send a claim to the rating activity for a Dependents’ Educational Assistance (DEA) rating or presumptive service-connection review if administratively granting SC burial.
  • not rated 100 percent SC at time of death, and
  • there is a claim for SC death, or
  • rated 100 percent at time of death due to IU regardless of whether or not there is a claim for SC death
send the claim to the rating activity.
 
Exception:  SC burial allowance is not payable if the Veteran’s remains are unclaimed.
 
References:  For more information on

XI.iii.1.B.2.d.  Treatment of the IU for SC Death Burial Allowance

 
Do not presume that a Veteran’s death resulted from SC disability or disabilities if the Veteran was receiving compensation at the 100-percent rate due to IU.  A rating decision is required to determine SC death entitlement in this case.
 
Exception:  The SC death burial allowance is payable when DIC entitlement is established under 38 U.S.C. 1318.  This is true even though DIC under 38 U.S.C. 1318 may be established when the Veteran was receiving compensation at the 100-percent rate due to IU.

XI.iii.1.B.2.e.  Burial Benefits Payable in Addition to the SC Burial Allowance 

 
In addition to the SC burial allowance, VBA may pay a
Note:  If the Veteran’s death is SC, VA does not pay an additional plot or interment allowance to any individual or estate.  Plot or interment allowance is payable to the State or political subdivision of a State, or tribal organization under 38 U.S.C. 2303(b)(1).

XI.iii.1.B.2.f.  Burial Claim Received After the SC Burial Allowance Is Paid

 
When a claim for SC burial allowance is received after the SC burial allowance has been paid to the proper claimant, deny the new claim for the SC burial allowance and review the claim for entitlement to the transportation benefit.
 
Note:  Per 38 CFR 3.103(b)(3)(iii), if evidence reasonably indicates that a beneficiary is deceased, due process is not required.
 
References:  For more information on

XI.iii.1.B.2.g.  Example:  Burial Claim Received After the SC Burial Allowance Is Paid

 
Situation:  A surviving spouse is automatically paid $2,000 for the SC burial allowance.  Later, the Veteran’s daughter applies for the SC burial allowance.
 
Result:  Deny the Veteran’s daughter’s claim for the SC burial allowance because the automatic SC burial benefit was paid to the surviving spouse.
 
Rationale:  38 CFR 3.1702(a) states the surviving spouse is the correct claimant.

XI.iii.1.B.2.h.  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Adjudicated

 
When the NSC burial allowance has been paid, and it is later determined that the SC burial allowance is payable, VA may pay an eligible claimant the difference between the amount of the SC burial allowance and the total amount previously paid.
 
Additionally, if it is later determined that the Veteran’s death is SC, VA may pay SC burial benefits when a previously decided burial claim is of record for the claimant.  A previously denied claimant is not required to submit a new burial claim or application.
 
Note:  When determining the total amount previously paid, consider previous plot allowance payments.

XI.iii.1.B.2.i.  Example:  SC Burial Allowance Claim Received After the NSC Burial Allowance Is Paid

 
Situation:  A surviving spouse was automatically paid $828 for the NSC burial allowance.  Later, the Veteran’s daughter applies for the $2,000 SC burial allowance, and the rating activity determines the SC burial allowance is payable.
 
Result:  Pay the Veteran’s daughter the remaining burial allowance of $1,172 and notify the daughter that $828 of the maximum burial allowance was already paid to the surviving spouse.
 
Rationale:  Under 38 CFR 3.1702(b), if a claimant qualifies as an eligible claimant and is the first to file a claim for a burial benefit, that claimant is the proper claimant for that particular burial benefit.
 
In this situation, 38 CFR 3.1702(a) states the surviving spouse is the proper claimant for the automatic NSC burial allowance and 38 CFR 3.1702(b) states the Veteran’s daughter is the proper claimant for the remaining SC burial allowance.
 
Important:  If the plot allowance was previously paid, this must be factored into the difference between the amount of the SC burial allowance and the total amount previously paid.  A plot allowance paid to a State, political subdivision of a State, or tribal organizations should not be factored into this calculation.

XI.iii.1.B.2.j.  Transportation Benefit Claim Received With or After the SC Burial Allowance is Paid for Deaths on or After January 5, 2023

 
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.  This is true even when the SC burial allowance was paid as the greater benefit.
 
Reference:  For more information on the transportation benefit, including guidance for deaths that occurred before January 5, 2023, see M21-1, Part XI, Subpart iii, 1.B.6.
 

 3.  NSC Burial Allowance

 
 

Introduction

 

Change Date

 
June 25, 2024

XI.iii.1.B.3.a.  General Eligibility Criteria for NSC Burial Allowance

 
Eligibility for the NSC burial allowance exists if the Veteran
  • was receiving pension or compensation at the time of death
  • was receiving military retired pay in lieu of compensation at the time of death
  • had a claim pending at the time of death and has been found entitled to compensation or pension from a date prior to the date of death
  • has no family or friends who claim the Veteran’s body and there are insufficient resources available in the Veteran’s estate to cover burial and funeral expenses, or
  • died while under VA care.
Note:  Based on the changes enacted in PL 116-315 for deaths that occur on or after January 5, 2023, all NSC burial allowances will be paid the same rate regardless of the place of death.
 
References:  For more information on the

XI.iii.1.B.3.b.  Payment Amount for NSC Burial Allowance 

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death, that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance per 38 U.S.C. 2303(a).
 
References:  For more information on

XI.iii.1.B.3.c.  Referring a Claim for NSC Burial Allowance to the Rating Activity

 
An NSC burial should be referred to the rating activity when
  • reasonable probability of SC death exists, and the Veteran’s death certificate (or equivalent) is of record, or
  • an eligibility determination is needed based on a pending claim for pension or compensation at the time of death in which the authorization activity doesn’t have the authority to make a decision.
The Rating Veterans Service Representative must utilize the deferral process to explain if the Veteran would have been entitled to pension or compensation prior to death for NSC burial eligibility and must upload a deferred rating sheet (VA Form 21-6789, Deferred Rating Decision) into the electronic claims folder (eFolder).
 
Important:  Upon review of the evidence of record, the development activity may be unsure if a grant of SC death is warranted.  This will warrant a review of the claim for an implicit SC death by the rating activity.  In these situations, the procedures under M21-1, Part XI, Subpart ii, 1.1 must be followed.
 
Note:  Pension automation (PA) checks all burial claims, regardless of what is claimed, to see if SC death is payable when the Veteran’s death certificate is of record.
 
References:  For more information on

XI.iii.1.B.3.d.  NSC Burial Allowance and the Transportation Benefit

 
PL 116-315 significantly impacted when the transportation benefit may be paid.  For deaths that occurred on or after January 5, 2023, any claimant who would be eligible to receive the NSC burial allowance based on a Veteran’s death may also be eligible for the transportation benefit if they incurred transportation expenses.
 
For deaths that occurred before January 5, 2023, eligibility for the transportation benefit in addition to the NSC burial allowance may exist when the Veteran is buried in a national or covered Veterans’ cemetery or died while under VA care as listed in 38 CFR 3.1706.
 
Reference:  For more information on the transportation benefit, see M21-1, Part XI, Subpart iii, 1.B.6.

 4.  NSC Burial Allowance Based Upon Death While Under VA Care

 
 

Introduction

 

Change Date

 
January 5, 2023

XI.iii.1.B.4.a.  General Eligibility Criteria for NSC Burial Allowance Based Upon Death While Under VA Care

 
Eligibility for the NSC burial allowance based upon death while under VA care exists if the Veteran
  • was hospitalized by VA at the time of death, or
  • died while
    • hospitalized under VA contract at a non-VA facility
    • traveling, under proper authorization and at VA expense, to or from a specified place for the purpose of examination, treatment, or care, or
    • a patient at an approved State Veterans’ home.
VBA may pay the following allowances in addition to the NSC burial allowance based upon death while under VA care:
  • plot or interment allowance, and/or
  • the transportation benefit for expenses or costs incurred.
Notes:
  • Death while hospitalized in the Philippines does not qualify for payment of the NSC burial allowance based upon death while under VA care.
  • A home or residence does not qualify as a VA facility for purposes of 38 U.S.C. 1701(3), 1703, 1720, or 1741.
  • If the Veteran is entitled to both the SC burial allowance and the NSC burial allowance based upon death while under VA care, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  Burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
References:  For more information on

XI.iii.1.B.4.b.  When Verification of Death While Under VA Care Is Not Required

 
If it is reported on the VA Form 21P-530EZ that a death occurred while under VA care, accept the statement as true unless the statement is questionable.  A questionable statement is one that, during review by a claims processor, is inconsistent with the evidence of record and raises doubt of its validity.
 
Example 1:  A widow submits VA Form 21P-530EZ, claiming NSC burial and checks the box indicating the Veteran’s death occurred in a nursing home paid by VA.  The death certificate confirms the death occurred in a VA nursing home.  In this case, verification of death while under VA care is not required because both the application and death certificate show the same place of death.
 
Example 2:  Same scenario as in Example 1, except the death certificate shows the Veteran died at home.  In this case, verification of death while under VA care is required because the application is inconsistent with the evidence of record.  Follow the procedures listed in M21-1, Part XI, Subpart iii, 1.B.4.c to determine next steps.

XI.iii.1.B.4.c.  When Verification of Death While Under VA Care Is Required

 
Use the table below to determine the actions to take when verification of death while under VA care is required due to questionable validity.
 
If verification of death while under VA care …
Then …
can be completed in the Compensation and Pension Record Interchange (CAPRI)
grant up to the maxium burial allowance as specified in 38 U.S.C. 2303(a).
cannot be completed and the Veteran was in receipt of compensation or pension
grant NSC burial allowance and explain in the decision notice that verification of death while under VA care could not be made.
cannot be complete in CAPRI or with evidence received from the claimant
  • follow procedures outlined in M21-1, Part III, Subpart ii, 1.A.2.b to request records from the VA medical center (VAMC), and
  • once a response is received, adjudicate the burial claim.
Note:  In all cases, review 38 CFR 3.159(d) to determine if VA should continue providing assistance in obtaining evidence.
cannot be completed and the Veteran was not in receipt of compensation or pension
deny the claim and explain in the decision notice that verification of death while under VA care could not be made.
 
Reference:  For more information on the general eligibility criteria for NSC burial allowance based upon death while under VA care, see M21-1, Part XI, Subpart iii, 1.B.4.a.

XI.iii.1.B.4.d.  Payment Amount for NSC Burial Allowance Based Upon Death While Under VA Care

 
VBA will pay up to the maximum NSC burial allowance based upon death while under VA care per 38 U.S.C. 2303(a).
 
Notes:
  • If a Veteran is entitled to both NSC burial allowance based upon death while under VA care and SC burial allowance, pay the SC burial allowance as the greater benefit.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, regardless of whether VA is paying the SC burial allowance as the greater benefit, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
  • The amount in 38 U.S.C. 2303(a) is subject to a yearly cost-of-living increase.

XI.iii.1.B.4.e.  Veterans Absent From VA Care or Qualifying Facility at Time of Death

 
The NSC burial allowance based upon death while under VA care may also be payable for a Veteran who died while under VA care but who was not at a qualifying facility at the time of death.
 
This provision applies if the Veteran was
  • on authorized absence that did not exceed 96 hours at the time of death
  • on unauthorized absence for a period not in excess of 24 hours at the time of death, or
  • absent from the facility for a period not in excess of 24 hours of combined authorized and unauthorized absence at the time of death.
Reference:  For more information on NSC burial allowance based upon death while under VA care eligibility, see 38 CFR 3.1706.

5.  Plot or Interment Allowance

 
 

Introduction

 

Change Date

 
March 13, 2024

XI.iii.1.B.5.a.  General Eligibility for Plot or Interment Allowance

 
For a Veteran who was eligible for burial in a national cemetery under 38 U.S.C. 2402, VBA may pay the plot or interment allowance.
 
Notes:
  • The plot or interment allowance is not payable to an individual claimant if the Veteran is buried or interred in a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Plot allowance is not authorized for Veterans with a date of death prior to June 18, 1973.

XI.iii.1.B.5.b.  Amount Payable for Plot or Interment Allowance

 
Unless VA has evidence on the date of the notice of the Veteran’s death that the expenses incurred were less, VBA will pay the maximum plot or interment allowance.
 
Notes:
  • Always pay the maximum allowance payable to a State, government agency, political subdivision, or tribal organization when the burial is provided without charge in a State Veterans cemetery or other cemetery listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • The section entitled Claim for Plot or Interment Allowance on VA Form 21P-530EZ, must be completed in order to pay plot or interment allowanceance.
References:  For more information on

XI.iii.1.B.5.c.  Plot or Interment Allowance for Burial in a State Veterans Cemetery or on Tribal Trust Land

 
VBA will pay the plot or interment allowance to a State, or government agency or political subdivision of a State, or tribal organization that provided a burial plot or interment for the Veteran if the State or government agency or political subdivision of the State, or tribal organization
  • is claiming the plot or interment allowance for burial of the Veteran in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State, or on trust land owned by, or held in trust for, a tribal organization
  • did not charge for the expense of the plot or interment, and
  • uses the cemetery or section of the cemetery solely for the interment of
    • persons eligible for burial in a national cemetery
    • members of the Army National Guard or the Air National Guard
    • members or former members of a reserve component of the Armed Forces not otherwise eligible for interment in a national cemetery, as per 38 U.S.C. 2402, and
    • individuals otherwise specified within section 38 U.S.C. 2408(i)(2), or
  • is claiming the plot or interment allowance for burial of the unclaimed Veteran remains in a cemetery, or section of a cemetery, owned by the State or government agency or subdivision of the State or on trust land owned by, or held in trust for, a tribal organization.
Notes:
  • The provision pertaining to reserve members and former members applies to deaths on or after November 1, 2000.
  • Three PLs established VA’s authority to pay plot allowance for tribal organizations as follows:
    • PL 95-476 first established the VA State Plot Allowance benefit allowing VA to pay plot allowances for burials which occurred on or after October 18, 1978
    • PL 117-103 authorizes VA to pay plot allowance for eligible burials on trust land owned by, or held in trust for tribal organizations, and
    • PL 117-355 extends VA’s authority to pay the plot allowance specified within PL 117-103 to also include Veterans buried before March 15, 2022, if the plot or interment allowance was not already paid for the burial of that Veteran.  The burial must still have occurred on or after October 18, 1978, the date of enactment of the VA State Plot Allowance..
  • Always pay the maximum allowance payable to a State, government agency, or political subdivision when the burial is provided without charge in a State Veterans cemetery, or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).
  • Concede service as verified for plot or interment allowance for burial in a State Veterans cemetery when there is an acceptable separation document of record as directed in M21-1, Part XI, Subpart iii, 1.B.1.b.
  • When a pension management center (PMC) receives a request from a new cemetery location or a request to change a cemetery address, the request should be e-mailed to Pension and Fiduciary (P&F) Service at VAVBAWAS/CO/P&F BUS MGMT.
Important:  PMCs must include the following information in any request to add a new cemetery location
  • name of cemetery or organization
  • cemetery or organization address (street, city, state, and zip code), and
  • cemetery or organization point of contact (POC) to include name, title, and phone number for the POC.
Reference:  For more information on plot or interment allowance eligibility, see

XI.iii.1.B.5.d.  Plot or Interment Allowance for Burial in Other Than a State Cemetery, Tribal Trust Land, or National Veterans Cemetery

 
VBA may pay the plot or interment allowance to an eligible claimant who incurred plot or interment expenses relating to the purchase of a burial plot for a deceased Veteran when the Veteran is buried in a cemetery other than a State or national Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), if the
  • NSC burial allowance is payable
  • NSC burial allowance based upon death while under VA care is payable
  • Veteran was discharged from active service for a disability incurred or aggravated in line of duty, or
  • Veteran, at the time of discharge from active service, had a disability, shown by official service records, which in medical judgment would have justified a discharge for disability.
Notes:
  • VA does not pay separate plot allowance when paying SC burial allowance.  Plot can only be paid in addition to SC burial allowance when paying a State (or other political subdivision of a State), or tribal organization.
  • For the amount payable for plot or interment allowance for burial in other than a State or national Veterans cemetery, see M21-1, Part XI, Subpart iii, 1.B.5.b.
Reference:  For more information on Veterans discharged from active service for a disability incurred or aggravated in the line of duty, see 38 CFR 3.1707(c)(3).

XI.iii.1.B.5.e.  Contributions by Government, Public, Tribal, or Private Organizations

 

If there is evidence at the time of notification of the Veteran’s death that the U.S., a State, or any agency or political subdivision of the U.S. or of a State, or tribal organization, or the Veteran’s employer has paid all or part of the Veteran’s plot or interment expenses, pay the claimant the lesser of the
  • maximum statutory plot or interment allowance if the expenses exceeded the maximum statutory plot or interment allowance, or
  • amount of the total plot or interment expenses minus the amount of expenses paid by the government, public, or private organization or organizations.
Examples:
  • The Veteran’s plot expenses cost $700.  At the time of notification of the Veteran’s death, evidence shows another agency paid $500 for the Veteran’s plot allowance.  If the current statutory plot allowance is $722, pay the claimant a plot allowance of $222, which is the lesser of the amount paid and the current statutory plot allowance.
  • The Veteran’s plot expenses cost $800.  At the time of notification of the Veterans death, evidence shows another agency paid $800 for the Veteran’s plot.  Deny the claim for plot allowance as the expenses paid by the other agency exceed the current statutory plot allowance of $722.

XI.iii.1.B.5.f.  Eligible Claimant’s Loyalty Clearance When Buried in a State Veterans Cemetery

 
Loyalty clearance will be necessary only when a Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1), and Veteran forfeiture may be declared under 38 CFR 3.902(d).
 
Do not delay awarding burial benefits pending receipt of formal loyalty clearance, in connection with claims for accrued benefits payable, on the basis of relationship.
 
References:  For more information on

XI.iii.1.B.5.g.  How to Process Claims for State or Tribal Land Plot or Interment Allowance Benefit

 
Effective March 1, 2019, Veterans Service Centers no longer process claims for consolidated State plot or interment allowance.  PMCs have jurisdiction for processing these claims.
 
The table below describes the stages for processing claims for State or tribal land plot or interment allowance benefit.
 
Stage
Who is Responsible
Description
1
State or tribal land cemetery
Submits a claim via Centralized Mail for the plot or interment allowance for Veterans buried in their State Veterans cemeteries (or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1)).
2
PMC Intake Processing Center (IPC)
  • Reviews the claim, and establishes EP 160, PMC State Plot Allowance for State and tribal organization claims.
  • If required, completes a FIRST NOTICE OF DEATH (FNOD) command in Share at the time of claims establishment and ensures the Veteran’s date of death is entered in the Beneficiary Identification and Records Locator Subsystem (BIRLS) VETERAN IDENTIFICATION DATA screen.
  • If service documentation is available, ensures service
    • information (including complete periods of service) is entered and verified in the system of record, and
    • verification documentation is contained in the eFolder or was submitted with the burial claim.
Notes:
  • If a claim for plot allowance is already pending for a Veteran and a duplicate claim is received from the same claimant, do not establish a new claim.  The second claim (duplicate claim) is considered file mail.
  • Add the State Plot contention if applicable.
3
PMC IPC
Uploads the claim to the Veteran’s eFolder.
 
Reference:  For more information on files and folder control, see M21-1, Part II, Subpart ii, 3.
4
PMC Veterans Service Representative (VSR)
  • Reviews each pending claim for complete required service information, prior award history, and correct claims establishment.
  • Completes any required development including requests for service verification.  If development for service verification is necessary, the VSR performs the following actions:
    • contacts the cemetery via telephone and request service verification documentation be submitted
    • documents the call, or call attempt, on a VA Form 27-0820, Report of General Information
    • completes other appropriate development in conjunction with the telephone contact, and
    • if the service documentation cannot be immediately provided following the telephone call, completes the appropriate PIES request and notifies the claimant of the request.
References:  For more information on
5
PMC VSR
Processes a plot award decision in Veterans Benefits Management System-Awards (VBMS-A).
6
Enterprise Management of Payments Workload and Reporting for VA (eMPWR-VA)
  • Batches State awards weekly.  This includes both automated and manual awards.
  • Sends a report to the State cemetery of the payments made.
Note:  Batches only apply to State cemeteries.
 
Important:  If a State or tribal cemetery submits a claim for plot or interment allowance that has already been paid to the surviving spouse or other beneficiary, the PMC should send a due process notification to the beneficiary requesting evidence showing they paid for plot or interment.  If no evidence is received during the due process period, the PMC must terminate the prior plot or interment allowance payment.  Following termination of the prior plot award, the PMC should pay the State Veterans cemetery or tribal cemetery the plot or interment allowance.
 
The PMC should follow the regular due process procedures as listed in M21-1, Part I, Subpart i, 1.B and M21-1, Part X, Subpart ii, 3.A–C, and recoup monies paid to the surviving spouse or other claimant.
 
Exception:  If a Veteran was properly buried and their remains are later moved to a State Veterans cemetery, do not terminate the prior plot or interment allowance payment to the initial claimant in order to pay the State or tribal cemetery.  In this instance, the State or tribal cemetery would be barred from receiving payment if the evidence shows the surviving spouse or other beneficiary was originally paid correctly.

XI.iii.1.B.5.h.  Establishing Debts Against State Veterans Cemeteries or Tribal Cemeteries

 
The table below describes the stages for establishing a debt against a State Veterans cemetery or tribal cemetery after the expiration of regular due process procedures outlined in M21-1, Part XI, Subpart iii, 1.B.5.g.
 
Important:  State Veterans cemeteries and tribal cemeteries are third parties; therefore, the Debt Management Center (DMC) does not have jurisdiction over these debts nor will the DMC send debt notices.
 
Stage
Who is Responsible
Description
1
PMC VSR
  • Processes a State plot award decision in VBMS-A to terminate the State plot payment against the incorrect State Veterans cemetery or tribal cemetery
  • creates and sends a decision notification letter to the cemetery
  • notifies the local finance activity of termination, and
  • requests the local finance activity to create and mail debt notice to the cemetery.
2
local finance activity
  • Creates and mails debt notice to State Veterans cemetery or tribal cemetery
  • moves debt from the eMPWR-VA to the Centralized Administrative Accounting Transaction System (CAATS), and
  • notifies PMC VSR that a debt has been moved to CAATS.
3
PMC VSR
  • Processes a State plot award decision in VBMS-A to pay the correct State Veterans cemetery or tribal cemetery, and
  • creates and sends a decision notification letter to the cemetery.

XI.iii.1.B.5.i.  Automated State Plot Batch Process

 
The automated consolidated State plot or interment batch review process
  • runs nightly
  • reviews the corporate data for pending State plot claims
  • reviews for the following eligibility requirements
    • proper claims establishment
    • a date of death in BIRLS
    • complete service periods, including character of discharge
    • verified service
    • other than dishonorable service, and
    • no pending or prior plot allowance award
  • creates an award and closes the pending EP if all eligibility requirements are met, and
  • issues an individual award letter to the State cemetery claimant and uploads a copy of the award letter in the Veteran’s eFolder.
Note:  If automation does not occur, the EP is set to Ready to Work and remains pending for review and processing by the PMC VSR.
 

 6.  Transportation Benefit

 
 

Introduction

 

Change Date

 
November 22, 2024

XI.iii.1.B.6.a.  Transportation Benefit Under 38 U.S.C. 2303(a)

 
Effective January 5, 2023, PL 116-315 expanded eligibility for the transportation benefit.  With this change, most transportation benefits paid by VBA will be paid under 38 U.S.C. 2303(a).
 
This block describes the eligibility criteria under 38 U.S.C. 2303(a).  If a Veteran does not qualify under 38 U.S.C. 2303(a), they may qualify under 38 U.S.C. 2308.  Eligibility criteria for 38 U.S.C. 2308 is found in M21-1, Part XI, Subpart iii, 1.B.6.b.
 
When the transportation benefit is payable under 38 U.S.C. 2303(a), VA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the:
  • Veteran’s date of death is on or after January 5, 2023
  • death occurs within a State
  • place of burial is in any State, and
  • Veteran meets any of the following:
    • the Veteran died while hospitalized by VA or other facility listed in 38 CFR 3.1706
    • the Veteran’s remains are unclaimed, or
    • at the time of death, the Veteran was in receipt of
      • disability compensation
      • military retired pay in lieu of disability compensation, or
      • VA pension.
Exception:  For Veterans that died while hospitalized by VA or other facility listed in 38 CFR 3.1706, the place of burial may be a State, Mexico, or Canada.
 
Important:  In instances where eligibility for transportation benefit exists under both 38 U.S.C. 2303(a) and 38 U.S.C. 2308, the benefit payable under 38 U.S.C. 2303(a) will always be at least as great or more than under 38 U.S.C. 2308.
 
References:  For more information on

XI.iii.1.B.6.b.  Transportation Benefit Under 38 U.S.C. 2308 for Burial in a National or Covered Veterans’ Cemetery

 
When a transportation benefit claim cannot be paid under 38 U.S.C. 2303(a), claims processors should review for entitlement under 38 U.S.C. 2308.  Under 38 U.S.C. 2308, regardless of the Veteran’s date of death, VBA will pay the costs incurred to transport a Veteran’s remains for burial in a national or covered Veterans’ cemetery if the Veteran
  • died as the result of an SC disability
  • was receiving SC disability compensation on the date of death
  • would have been receiving SC disability compensation on the date of death but for the receipt of military retired pay or VA pension
  • is later determined by VA to have been entitled to SC disability compensation from a date before the Veteran’s death, or
  • remains are unclaimed.
Notes:
  • For claims processed on or after January 5, 2023, PL 116-315 expanded the transportation benefit to include Veterans buried in a covered Veterans’ cemetery.
  • There is no requirement that death occur in a State to pay the transportation benefit under 38 U.S.C. 2308.
  • VA will pay reasonable costs incurred to transport a Veteran’s remains to the nearest national cemetery (with available space) from the Veteran’s last place of residence.
  • If a claim for the transportation benefit would be denied based solely on failure of the claimant to provide the place of burial, search for the burial location using the National Cemetery Administration (NCA) Nationwide Gravesite Locator to determine if the Veteran was buried in a national or covered Veterans’ cemetery.  Claims processors must document the result of this action by creating a permanent note in VBMS.  If the website link has become obsolete, notify P&F Service at VAVBAWAS/CO/P&F POL & PROC.
References:  For more information on

XI.iii.1.B.6.c.  Transportation Benefit for Death While Under VA Care

 
Regardless of the Veteran’s date of death, VBA may pay the costs incurred to transport a Veteran’s remains if the Veteran died while hospitalized by VA, or other facility as listed in 38 CFR 3.1706.
 
VBA will pay reasonable costs incurred to transport a Veteran’s remains from the place of death to the place of burial if the death occurs within a State, and the place of burial is in
  • any State
  • Canada, or
  • Mexico.
Notes:
  • If the Veteran died while receiving properly authorized VA care, and the body is shipped to the place of burial by rail, it is not necessary that the body be shipped on a government bill of lading.
  • If a Veteran is eligible for the NSC burial allowance based upon death while under VA care, the Veteran is entitled to transportation benefits as subject to the limitations set forth in 38 CFR 3.1709(d).  The requirement for burial in a national or covered Veterans’ cemetery is not a factor when paying transportation benefits for deaths while under VA care.
Exception:  If the burial is in Canada or Mexico, VBA only authorizes payment for transportation from the place of death within a State to the port of embarkation within a State, or to the border limits of the U.S.
 
References:  For more information on

XI.iii.1.B.6.d.  Required Evidence for a Transportation Benefit Claim

 
The claimant must submit an itemized receipt or statement, preferably on letterhead that includes the
  • name of the deceased Veteran for whom the services and transportation were furnished
  • nature and cost of the services and transportation
  • name of the claimant that files for the transportation benefit, and
  • dates of the services rendered.
Notes:
  • If the transportation benefit is claimed, and the amount of expenses incurred on the application is more than the itemized receipt, pay the transportation benefit based on the charges listed on the itemized receipt and solicit for documentation of the additional transportation costs incurred in the decision notice.
  • If the statement or receipt does not show any transportation expenses, deny the transportation benefit and develop in the decision letter.
  • If the transportation benefit is claimed, and the receipt is not itemized, VBA may accept phone call development to the funeral home to obtain an itemized statement.
  • If attempts to contact the funeral home are unsuccessful, deny the transportation benefit and develop in the decision letter.
  • VA will pay for transportation expenses that are incurred as claimed on the application and verified through the statement of account.  Statements or receipts do not have to show paid in full, only that expenses were incurred.
Important:  Transportation expenses may be considered claimed if they are reported on the prescribed form and/or reported on other evidence submitted at the same time as the prescribed form, such as an itemized funeral bill.
 
References:  For more information on

XI.iii.1.B.6.e.  Allowable Transportation Expenses

 
When the transportation benefit is payable, VBA may pay for reasonable expenses relating to transportation of the Veterans remains to their final resting place.  Transportation expenses include, but are not limited to
  • charges for
    • the pickup of remains (round-trip or flat-charge basis)
    • escort accompanying remains if the Veteran dies while properly receiving VA care, and
    • air transportation when deemed necessary or advantageous on the basis of urgency and funeral arrangement details and on a cost basis (if air shipment is authorized, limit the amount paid to the usual air freight charges)
  • shipment via common carrier, and
  • general costs of transporting the remains to the place of burial.
Notes:
  • VBA only pays the one-way fare for an escort for transportation expenses.
  • Reasonable transportation charges must not exceed the charges customarily made to the general public.
  • Itemized charges for transportation by hearse should not routinely be questioned.  However, if the evidence shows that transport by hearse appears to be over a long distance and the services of a common carrier were readily available, limit the amount of payment for such transportation to the common carrier rates (including hearse charges to and from the common carrier terminals).  Limit the payment to the common carrier rates only if it is apparent that a common carrier should have been used and would not have imposed any hardship on the family or caused undue delay of the funeral or burial.
  • In determining the amount payable for transportation costs incurred, include Federal taxes charged by a common carrier.

XI.iii.1.B.6.f.  Transportation Benefits When Burial Claims Are Processed Through PA

 
PA cannot process transportation benefits when automating burial claims because it cannot validate itemized statements.  PA may finalize decisions for other burial benefits such as burial or plot allowance, then continue the claim at authorization.  The claim then routes to a PMC to address the transportation benefit.
 
Reference:  For more information on PA processing, see M21-1 Part XI, Subpart iii, 1.A.6.b.
 

 7.  Burial of Veterans Unclaimed Remains

 
 

Introduction

 

This topic contains information on burial arrangements and payment for the cost of burial for unclaimed remains of Veterans, including

Change Date

 
November 22, 2024

XI.iii.1.B.7.a.  General Eligibility for Burial Allowance of Unclaimed Remains

 
NSC burial allowance is payable for a Veteran if
  • the remains of the deceased Veteran are unclaimed
  • burial expenses were not paid for or reimbursed by another agency (such as the Veterans Health Administration (VHA)), and
  • there are insufficient resources available in the Veteran’s estate to cover the burial and funeral expenses.
Notes:
  • Per PL 112-260 (with effective date of July 7, 2014, per 79 FR 32653), the following are not required for unclaimed remains:
    • wartime service or discharge due to disability requirements
    • receipt of compensation or pension at the time of death, or
    • authorization of the deceased Veteran’s funeral service by the State or political subdivision of the State.
  • The claim must be denied if the application for burial benefits indicates that there are sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses, and the funeral home is claiming benefits for unclaimed remains.
  • Next of kin listed on a death certificate does not necessarily mean that a Veteran’s remains are claimed.  If a VA Form 21P-530EZ is received from a funeral home or other third party, the signature on the application indicates they have legally sworn that they incurred expenses.  However, if the Unclaimed Remains of the Veteran box is not checked and there is no indication of evidence of an unclaimed remains claim (such as an indication elsewhere on the application that certifies the remains of the deceased Veteran have not been claimed and sufficient resources aren’t available), deny the claim and notify the funeral home of the evidence needed in the decision letter.
  • Before paying burial benefits for unclaimed remains, claims processors must review the Veteran’s eFolder for a potential Veteran Unclaimed Remains Memo to ensure burial expenses were not already paid by VHA.
  • In cases where VBA pays a burial benefit associated with unclaimed remains, claims processors are required to complete a Veteran Unclaimed Remains Memo and upload it to the Veteran’s eFolder.
  • If the funeral home is the proper claimant on the application, VA can accept a stamped signature on the application.  There is no requirement for a wet signature.
References:  For more information on

XI.iii.1.B.7.b.  Payment Amount for Unclaimed Remains

 
Unless VA has evidence on the date of receipt of the notice of the Veteran’s death that the burial expenses incurred were less, VBA will pay the maximum NSC burial allowance for the unclaimed remains of a Veteran.
 
Note:  The SC burial allowance is not payable for the unclaimed remains of a Veteran.
 
Reference:  For more information on the maximum NSC burial allowance, see the burial benefit rates chart.

XI.iii.1.B.7.c.  Unclaimed Remains of a Veteran Who Died at a VA Hospital

 
If a Veteran dies in a VA hospital or while under VA care and the remains are unclaimed, VHA is responsible for the burial arrangements.
 
The VAMC of jurisdiction is responsible for promptly filing or forwarding the following documents to the regional office (RO) for filing in the deceased Veteran’s eFolder if one is not already of record:
Important:
  • When an eFolder has not been created, VHA will utilize QuickSubmit to submit documents to the RO.
  • VBA is responsible for creating an eFolder and filing the submitted documents.

Notes:

  • If applicable, process a Veteran FNOD.
  • If a record for the deceased Veteran does not exist in VBA systems, establish a Veteran profile and add the date of death in the corresponding record.  Upload the VHA documents once the profile has been created.
  • Prompt review of the documents submitted by VHA will prevent duplicate payments in situations where VHA is responsible for the burial.
References:  For more information on

XI.iii.1.B.7.d.  Definition:  Death While Under VA Care Specifically in the Context of Unclaimed Remains

 
The following instances of care qualify as a death while under VA care, specifically in the context of unclaimed remains, and allow VHA to procure and arrange a dignified burial for unclaimed remains:
  • Death while under VHA-authorized inpatient admission at a VA
    • medical center
    • community living center
    • domiciliary, or
    • residential rehabilitation and treatment program.
  • Death while under VHA-authorized inpatient admission at a non-VA hospital or other medical facility in the community (Veterans community care program, contract nursing home, State home as defined in 38 CFR 51.2, medical foster home a Veteran has been properly placed in at the expense of the VA consistent with 38 USC 1720(h), inpatient hospice, or other Federal facilities using authority under 38 CFR 17.50).
The following instances of care do not qualify as a death while under VA care and would require referral to a VBA Indigent Veterans and Unclaimed Remains Coordinator (IVURC) to assess applicability of VBA and NCA authorities relevant to unclaimed remains:
  • Any death while not under VHA-authorized inpatient admission described above.
  • Any death while receiving VHA-authorized outpatient care.
Note:  In the rare circumstance where the guidance above does not clearly distinguish VBA or VHA responsibility, send an email to VACOVHADAPIT@va.gov for assistance.

XI.iii.1.B.7.e.  Third Party NSC Burial Benefits for Unclaimed Remains

 
If a funeral home or third party who handled the arrangements for a Veteran whose remains are unclaimed files a claim for NSC burial allowance based on unclaimed remains, pay the NSC burial allowance based on unclaimed remains, and review the claim for potential plot allowance and/or transportation benefits.
 
Do not pay a plot or interment allowance to a funeral home or third party if the Veteran is buried in a State Veterans cemetery or other cemetery as listed in 38 CFR 3.1707(b) or 38 U.S.C. 2303(b)(1).  The plot or interment allowance is payable to the State or agency or political subdivision of a State, or tribal organization.
 
References:  For more information on

XI.iii.1.B.7.f.  Denial of Funeral Home or Third-Party Burial Claimants

 
For all burial claims received from funeral home directors or other third parties not listed in 38 CFR 3.1702(b), VA does not pay a burial allowance unless the funeral home or other third party provided services for the unclaimed remains of a Veteran.
 
If the evidence shows that the Veterans remains are not unclaimed, then deny the funeral home or other third-party claimant using the following language:
 
We have denied your claim for VA burial benefits because there is no indication the Veteran’s remains are unclaimed.  VA pays burial benefits automatically to surviving spouses upon the first notice of death, or to the first living person to file a claim of the following priority claimants: surviving spouse, survivor of a legal union, children (regardless of age), parent(s) or the executor or administrator of the estate of the deceased Veteran.  Burial benefits will not be paid to funeral directors, funeral homes, or other service providers unless the Veteran’s remains are unclaimed.
XI.iii.1.B.7.g.  Role of the IVURC 
Each RO is required to designate an IVURC.  The IVURC will
  • confirm that the remains of the deceased Veteran have not been claimed by relatives or friends and that there are not sufficient resources available in the Veteran’s estate to cover the burial and funeral expenses
  • conduct outreach for unclaimed remains
  • process all requests for burial arrangements of unclaimed remains to include
    • verification of Veteran status, if required, and
    • reporting completion of requests to their chain of command as directed by local RO leadership or management
  • serve as the local subject-matter expert on burial arrangements for unclaimed remains, and
  • communicate with contacts within VHA and NCA.
References:  For more information on

XI.iii.1.B.7.h.  IVURC Responsibilities Upon Contact by NCA for Next of Kin

 
When an IVURC is contacted by NCA to locate or rule-out any potential next of kin, the IVURC must
  • follow the procedures in Step 1 of M21-1, Part XI, Subpart iii, 1.B.7.n, to exhaust all methods to locate a next of kin
  • conclude if a next of kin is present and assuming burial responsibilities or that there is no next of kin, and
  • respond to NCA within 14 calendar days of their request, either confirming
    • a negative comprehensive search result for next of kin, or
    • next of kin was identified and contacted, providing NCA their name, and if so, whether they assumed burial responsibilities.
Note:  An IVURC will be contacted by NCA, according to the Indigent Veterans and Unclaimed Remains Outreach Program Coordinators website, based on RO of jurisdiction while considering volume of workload.

XI.iii.1.B.7.i.  Controlling Requests for Burial Arrangements of Unclaimed Remains

 
A request for burial arrangements, including verification of Veteran status, must be completed by the station of jurisdiction’s (SOJ’s) IVURC.
 
Follow the steps in the table below when VA receives a request for burial arrangements of unclaimed remains.
 
Step
Action
1

Does the request include the decedent’s name, date of birth (DOB), and Social Security number (SSN) or service number?

  • If yes, go to the next step.
  • If no,
    • notify the requestor of the information required before VA can proceed with verification of Veteran status, and
    • take no further action until the information is received.

Exception:  If only the decedent’s name and SSN are provided, and this is sufficient to identify a matching record in VA systems, as outlined in Step 2, no further identifying information is required.

2

Is there an existing Veteran record for the decedent in VA systems (i.e., VBMS, Share)?

  • If yes, go to Step 4.
  • If no, go to the next step.
3

Did the request include accompanying evidence to determine the remains are those of a Veteran in order to establish a Veteran record (e.g., DD Form 214 or other evidence of qualifying service)?

  • If yes,
    • create a Veteran profile
    • add the
      • Veteran service information, and
      • date of death, if available, and
    • go to the next step.
  • If no, go to Step 5 for instructions on forwarding all request information to the IVURC when there is no Veteran record and, as such, a controlling EP 500 cannot be established.
4
  • Establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains.
  • Add the following VBMS note:  A request for verification of Veteran status and/or burial arrangements was received requiring action by the IVURC.
  • Set a one-day suspense date.
  • Go to the next step.
5
Determine the SOJ for the request based on the area in which the individual died.  Use the table below to determine the appropriate action to take.
 
If the request is for an individual who died in an area …
And an EP 500 for burial arrangements …
Then …
under the jurisdiction of the RO that received the request
was established
use local routing rules to route the EP 500 to the RO’s IVURC.
could not be established (no Veteran record)
e-mail the RO’s designated IVURC and provide the request information for further development.
outside of the jurisdiction of the RO that received the request
was established

manually broker the EP 500 to the RO in the area where the individual died.  This is the SOJ.

Upon receipt of the EP 500, the RO will use local routing rules to route the EP to the station’s IVURC.

could not be established (no Veteran record)
e-mail the SOJ’s IVURC and provide the request information for further development.
 
Notes:
  • If applicable, process a Veteran FNOD.
  • Burial arrangement and/or verification of Veteran status requests do not require a standard form and can be made by telephone or written correspondence.
  • The RO is responsible for ensuring that any State laws or local practices that differ from general procedural guidance, are covered under a local, current and correct standard operating procedure.
References:  For more information on
XI.iii.1.B.7.j.  Required Information to Verify Veteran Status of Unclaimed Remains 
The requestor for burial arrangements must provide, at a minimum, the decedent’s name, DOB, and SSN or service number when
  • a Veteran profile
    • has not already been established in VBMS, or
    • cannot be established, or
  • the information provided by the requestor cannot be clearly linked to an established profile.
The date of death and branch of service should also be provided, if available.
 
The required information can be provided through written correspondence or via telephone contact documented on VA Form 27-0820.
 
Notes:
  • If the individual/entity requesting verification of Veteran status cannot provide the minimum information required, notify the requestor that VA cannot take further action until the required information is provided.
  • Written requests for verification of Veteran status do not require a standard form.
Reference:  For more information on verifying Veteran status of unclaimed remains, see M21-1, Part XI, Subpart iii, 1.B.7.j.
XI.iii.1.B.7.k.  Verifying Veteran Status of Unclaimed Remains 
To verify Veteran status of unclaimed remains for burial arrangements, the IVURC will use the evidence of record used to pay benefits during the Veteran’s lifetime.  If the Veteran was never in receipt of VA benefits, and acceptable documentation verifying service is not of record, then
  • review service information within VIS and/or DPRIS, and (if verification cannot be made)
  • ask the requestor to submit
    • a copy or certified copy of a DD Form 214, or
    • other evidence of qualifying service.
Use the table below to determine how an indicated cemetery should be contacted to verify eligibility when the requestor, upon VA’s request, cannot readily provide evidence of qualifying service.
 
If VA records do not contain Veteran service verification documentation and the interment will occur in a …
Then the IVURC will contact …
national cemetery
NCA’s Eligibility Office of the NCSO.
 
The NCSO will verify Veteran status and simultaneously determine eligibility for burial in a VA national cemetery.
covered Veterans’ cemetery
that cemetery directly for eligibility determination.

XI.iii.1.B.7.l.  Contacting the NCSO

 
Follow the steps in the table below when the IVURC needs to contact the NCSO.
 
Step
Action
1
The IVURC will request a copy of the National Cemetery Unclaimed Remains Eligibility Request Worksheet via e-mail by sending the request to NCAUnclaimedRequest@va.gov.

2

The IVURC will work in partnership with the remains custodian to complete the worksheet.
 
Notes: 
  • The claimant information provided on the worksheet will be that of the entity that has custody of the decedent’s remains.
  • The IVURC will be treated by NCA as a Personal Representative to ensure the organization and the IVURC receive all NCA communication regarding eligibility.
3
Once the worksheet is completed, it must be emailed to the NCA Unclaimed Requests Mailbox for case development using the following subject line:
 
VBA (Location Regional Office Unclaimed Remains Request – Decedent’s Name).
 
Example:  VBA Los Angeles Regional Office Unclaimed Remains Request – John Doe.
 
Important:  The body of the e-mail must contain all known identifying information, to include the minimum requirements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.i.

XI.iii.1.B.7.m.  Documenting Verification of Veteran Status

 
Use the table below to determine the appropriate action the IVURC will take if verification confirms the remains are those of a Veteran.
 
If there is …
Then …
a Veteran profile already established
  • update the record with verification of service, if not already completed
  • ensure
    • an EP 500 with the claim label Burial Arrangements for Unclaimed Remains is established, and
    • the date of death is of record, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
no Veteran profile established
  • create a Veteran profile
  • add the
    • Veteran service information, and
    • date of death
  • establish an EP 500 with the claim label Burial Arrangements for Unclaimed Remains, and
  • proceed with burial arrangements unless the exception in M21-1, Part XI, Subpart iii, 1.B.7.n applies.
 
Important:
  • Do not complete a PIES request to attempt to verify Veteran status.  This will be completed by the NCSO if other attempts are unsuccessful.
  • If the remains are not of a Veteran, or it is inconclusive if the remains are of a Veteran after VA has exhausted all required methods to verify Veteran status, inform the requestor and take no further action.
  • A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.n if the exception to completing burial arrangements applies.
References:  For more information on

XI.iii.1.B.7.n.  Making Burial Arrangements 

 
When a request for burial arrangements of unclaimed remains is received, follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.h to establish the appropriate EP 500 for burial arrangements and initiate the process of verifying Veteran status with the SOJ’s IVURC.
 
The IVURC will follow the steps in the table below after positive verification of Veteran status is established.
 
Step
Action
1
Review VA records to attempt to locate a next of kin who will be
  • encouraged to assume burial responsibilities, and
  • advised of any burial benefits known to be available in the individual case
Notes:
  • The IVURC is required to utilize VA applications such as CAPRI, as well as communicating with POCs within VHA, to exhaust all attempts to locate a next of kin.
  • If a potential next of kin is identified, the IVURC must make reasonable efforts to contact them.  Reasonable efforts generally consist of an initial telephone contact attempt to the individual’s current telephone number and at least one follow-up attempt on a different day if the initial attempt is unsuccessful.
    • If a follow-up call is attempted, and contact cannot be made, the IVURC must leave a message with their contact information and then wait up to five calendar days before moving to the next step.
    • These attempts must be documented accordingly on VA Form 27-0820.
  • Unsuccessful contacts documented on VA Form 27-0820 must, at a minimum, contain the following text:  I certify that I made two attempts to reach the potential next of kin and that I waited five calendar days after the second attempt before concluding that the potential next of kin could not be reached.
  • A successful contact with a potential next of kin, that results in the contact not assuming burial responsibilities, must be documented on VA Form 27-0820 and contain the following text:  I certify that I made contact with the potential next of kin; however, after advising them of any potential burial benefits available and encouraging them to claim the remains and assume burial responsibilities, they declined.
2
Has a next of kin been located and are the remains claimed?
  • If yes,
    • act as liaison between the claimant and the institution in possession of the remains to provide contact information for each party
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • send a VA Form 21P-530EZ to the next of kin who claimed the remains
    • inform NCA through documented e-mail that a next of kin has been located and burial responsibilities have been assumed
    • clear the EP 500, and
    • take no additional action.
  • If no, or no next of kin is identified, go to the next step.
Important:  An IVURC is only required to contact the most recent next of kin(s) of record reported by the Veteran to VHA or VBA.  There is no expectation to research and contact previously reported next of kin, however, if multiple next of kins were reported at the same time by the Veteran, contact attempts must be initiated to all listed prior to providing a negative comprehensive search result for next of kin.
3
Determine suitability for burial in a VA national cemetery by contacting the NCSO (if this has not already been completed during verification of Veteran status).
 
To determine suitability, send an encrypted e-mail to NCAUnclaimedRequest@va.gov with the following subject:  Request for Determination of Suitability for Burial in a National Cemetery.  In the body of the e-mail inform NCA that service has been verified and include the Veteran’s name, DOB, branch of service, and SSN or service number.  The date of death should also be provided, if available.
 
Is final disposition in a VA national cemetery determined as suitable?
  • If yes,
    • act as liaison with the NCSO and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, but potentially eligible for burial in a State or tribal Veterans’ cemetery
    • locate the closest applicable State and Tribal Veterans’ cemetery using the VA Grant-Funded Cemeteries Listing website (which includes non-VA grant-funded cemeteries)
    • act as liaison with cemetery leadership and the institution in custody of the remains to complete the process for coordinating final burial disposition
    • document final burial arrangement information for inclusion in the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If no, and not eligible for burial in a State or tribal Veterans’ cemetery, go to the next step.
Note:  If Veteran status is verified, the remains of the deceased are deemed as eligible for burial in a VA national, State, or tribal Veterans’ cemetery.  However, there may be instances where burial in a State or tribal Veterans’ cemetery may be a more feasible option because the deceased’s remains are in closer proximity to one of these cemeteries, or the nearest national cemetery does not have available space.  Although eligible, IVURCs must still work with the State or tribal Veterans’ cemetery to determine if its requirements (such as residency) are met.
4
Is the requestor an institution willing and able to make the burial arrangements?
  • If yes,
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • inform the institution of potential burial benefits and encourage them to file a claim
    • clear the EP 500, and
    • take no additional action.
  • If no, go to the next step.
Note:  A willingness to arrange for a burial is not the same as claiming remains.  There may be instances where institutions are contacting VA to only verify Veteran status as they are suited to completing burial arrangements directly.
5
Leverage the local resource directory developed through outreach to locate a funeral home, cemetery, mortuary, or other third-party institution to arrange for a dignified burial of the Veteran’s unclaimed remains.
 
While negotiating, advise the institution of eligibility for NSC allowance and other possible plot and transportation benefits known to be available.  Provide the VBA Burial and Plot-Interment Allowances Fact Sheet and the NCA Unclaimed Veteran Remains website.
  • If efforts are successful
    • obtain any final burial arrangement information from the institution for documentation into the Veteran’s eFolder as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o
    • clear the EP 500, and
    • take no additional action.
  • If all efforts are exhausted and unsuccessful, go to the next step.
Notes:
  • Depending on the outreach contacts made, coordination with a Veteran Service Organization’s contacts may also be used to locate a resource for the burial arrangements.
  • Efforts are not limited to the developed outreach directory.  Attempt to locate other possible resources through additional research in order to exhaust all avenues.
6
Refer the matter to the RO Director for further action.
 
After consultation with the IVURC, the RO Director will take all necessary actions to ensure the completion of a dignified burial to include reengaging with previously contacted funeral homes, cemeteries, or other institutions.
 
The RO Director will inform the IVURC of final burial arrangements, when completed.  The IVURC will document the final burial arrangements as outlined in M21-1, Part XI, Subpart iii, 1.B.7.o and clear the EP 500.
 
Important:
  • The IVURC must not make (or attempt to make) burial arrangements before establishing positive verification of Veteran status for the unclaimed remains.  Follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.j for verifying Veteran status.
  • If, during the process of arranging for a burial, the remains are claimed, discontinue burial arrangement efforts and follow the guidance in M21-1, Part XI, Subpart iii, 1.B.7.o.

References:  For more information on

XI.iii.1.B.7.o.  Exception to Completing Burial Arrangements 
A Veteran must have had one qualifying period of other than dishonorable service for burial arrangements to be completed.
 
If the unclaimed remains are of a Veteran but there are no qualifying periods of other than dishonorable service, inform the requestor and take no further action on burial arrangements (if assistance in providing this service was also requested).
 
Document this information on a VA Form 27-0820 and upload it for inclusion in the Veteran’s eFolder.

XI.iii.1.B.7.p.  Following Disposition of Remains

 
Following final disposition of the Veteran’s remains, the IVURC will
  • prepare a VA Form 27-0820, identifying and documenting all circumstances of the case in which responsibility was assumed by
    • an interested person or next of kin, for claimed remains, or
    • a cooperating funeral director or other institution, for unclaimed remains, and
  • upload the VA Form 27-0820 to the Veteran’s eFolder.