(a) General. VA will pay the maximum burial allowance specified in 38 U.S.C. 2303 for the burial and funeral expenses of a veteran described in paragraph (b) of this section, unless VA has evidence on the date it receives notice of the veteran’s death that the expenses incurred were less than that amount.
(b) Eligibility. A burial allowance is payable under this section for a veteran if the Secretary determines that:
(1) There is no next of kin or other person claiming the remains of the deceased veteran; and
(2) There are not sufficient resources available in the veteran’s estate to cover the burial and funeral expenses.
(c) Additional benefit for transportation of unclaimed remains. In addition to the burial allowance authorized by this section, VA may pay the transportation benefit under § 3.1709.
(d) Burial. When VA determines that a veteran’s remains are unclaimed, the Director of the VA regional office in the area in which the veteran died will immediately complete arrangements for burial in a national cemetery or, at his or her option, in a cemetery or cemetery section meeting the requirements of paragraph (b) of § 3.1707, Plot or interment allowance.
(Authority: 38 U.S.C. 2303, 2308)
Cross Reference: § 3.1(i) for the definition of “State”.
[79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]