M21-1 and 38 CFR changes, week of Oct 21, 2024

Added

• For the purposes of this subpart:
• (1) Burial means all the legal methods of disposing of the remains of a deceased person, including, but not limited to, cremation, burial at sea, and medical school donation.
• (2) Covered veterans' cemetery is a designation for an eligible cemetery considered in the determination of transportation benefits under § 3.1709 that meets the following criteria:
• (i) A deceased veteran as described in 38 U.S.C.
• 2308(b) is eligible to be buried within the cemetery;
• (ii) The cemetery is either owned by a State or is on trust land owned by, or held in trust for, a Tribal organization;
• (iii) The cemetery is one for which the Secretary has made a grant under 38 U.S.C.

and 4 more added passages

Removed

• Link to an amendment published at 89 FR 78253, Sept.
• For purposes of this subpart, burial means all the legal methods of disposing of the remains of a deceased person, including, but not limited to, cremation, burial at sea, and medical school donation.

and 2 more removed passages

Added

• 2303, the term “veteran” includes a person who died during a period deemed to be active military, naval, air, or space service under §§ 3.6(b)(7), 3.7(m) and 3.7(o).
• 101(2), 2303, 2307, 2308)
• [79 FR 32658, June 6, 2014, as amended at 87 FR 26126, May 3, 2022;
• 89 FR 78253, Sept.

and 1 more added passages

Removed

• Link to an amendment published at 89 FR 78253, Sept.
• 2302, the term “veteran” includes a person who died during a period deemed to be active military, naval, air, or space service under §§ 3.6(b)(7), 3.7(m) and 3.7(o).
• 101(2), 2302, 2303, 2307, 2308)
• [79 FR 32658, June 6, 2014, as amended at 87 FR 26126, May 3, 2022]

and 1 more removed passages

Added

• (2) VA may grant additional burial benefits, including the plot or interment allowance under § 3.1707, the transportation benefit under § 3.1709, and the service-connected burial allowance under § 3.1704, to the surviving spouse or any other eligible person in accordance with paragraph (b) of this section and based on a claim described in § 3.1703.
• (1) Except for claims a State, an agency or political subdivision of a State, or a Tribal organization files under § 3.1707 or § 3.1708, VA will pay, upon the death of a veteran, the first living person to file of those listed in paragraphs (b)(1)(i) through (v) of this section:
• (2) Claims for the plot or interment allowance (except for claims filed by a State, an agency or political subdivision thereof, or a Tribal organization) under § 3.1707 may be executed by:
• 2303, 2307, 2308)
• 89 FR 78254, Sept.

and 2 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• (2) VA may grant additional burial benefits, including the plot or interment allowance, reimbursement for transportation, and the service-connected burial allowance under § 3.1704, to the surviving spouse or any other eligible person in accordance with paragraph (b) of this section and based on a claim described in § 3.1703.
• (1) Except for claims a State, or an agency or political subdivision of a State, files under § 3.1707, Plot or interment allowance for burial in a State veterans cemetery or other cemetery, or § 3.1708, Burial of a veteran whose remains are unclaimed, VA will pay, upon the death of a veteran, the first living person to file of those listed below:
• (2) Claims for the plot or interment allowance (except for claims filed by a State or an agency or political subdivision thereof), under § 3.1707 may be executed by:
• 2302, 2303, 2307)

and 2 more removed passages

Added

• (a) When claims must be filed— (1) General rule.
• Except as provided in paragraph (a)(2) of this section, VA must receive a claim for the non-service-connected burial allowance for veterans described within § 3.1705(b) or § 3.1708(b) no later than 2 years after the burial of the veteran.
• (2) Payment for transportation expenses.
• In order to pay transportation costs, VA must receive supporting documentation, preferably on letterhead, showing who incurred the costs, the name of the deceased veteran, the specific transportation expenses incurred, and the dates of the services rendered.
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept.

and 1 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• (a) When claims must be filed—(1) General rule.
• Except as provided in paragraph (a)(2) of this section, VA must receive a claim for the non-service-connected burial allowance no later than 2 years after the burial of the veteran.
• (2) Reimbursement of transportation expenses.
• In order to pay transportation costs, VA must receive a receipt, preferably on letterhead, showing who paid the costs, the name of the deceased veteran, the specific transportation expenses incurred, and the dates of the services rendered.

and 1 more removed passages

Added

• (1) VA may pay the transportation benefit under § 3.1709;
• (2) VA may pay the plot or interment allowance under § 3.1707(b).
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept.

and 1 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• (1) VA may reimburse for transportation expenses related to burial in a national cemetery under § 3.1709, Transportation expenses for burial in a national cemetery;
• (2) VA may pay the plot or interment allowance for burial in a State veterans cemetery under § 3.1707(a), Plot or interment allowance.

and 1 more removed passages

Added

• 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.
• (e) Additional benefits available based on non-service-connected death.
• (1) VA may pay the transportation benefit under § 3.1709;
• (2) VA may pay the plot or interment allowance under § 3.1707.
• 2303, 2304, 2308)
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept.

and 1 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• 2302 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.
• (e) Additional allowances available based on non-service-connected death.
• (1) VA may reimburse for transportation expenses related to burial in a national cemetery under § 3.1709, Transportation expenses for burial in a national cemetery, but only if eligibility under paragraphs (b) of this section is based on a pending claim for, or award of, disability compensation, or eligibility for disability compensation but for receipt of military retired pay, rather than a clai…
• (2) VA may pay the plot or interment allowance for burial in a State veterans cemetery under § 3.1707(a), Plot or interment allowance.
• 2302, 2303, 2304, 2308)

and 1 more removed passages

Added

• (1) VA may pay the transportation benefit under § 3.1709;
• (2) VA may pay the plot or interment allowance under § 3.1707.
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept.

and 2 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• (1) VA will reimburse for the expense of transporting the remains of a person described in paragraph (b) of this section to the place of burial subject to the limitations of § 3.1709 and where the death occurs within a State and:
• (i) The place of burial is in the same State or any other State;
• (ii) The place of burial is in Canada or Mexico.
• However, reimbursement for transportation of the remains for such burial is authorized only from the place of death within a State to the port of embarkation within a State, or to the border limits of the United States.
• (2) VA may pay the plot or interment allowance for burial in a veterans cemetery under § 3.1707, Plot or interment allowance.

and 2 more removed passages

Added

• (b) Plot or interment allowance for burial in a State or Tribal veterans cemetery.
• 2303(b)(1) (without regard to whether any other burial benefits were provided for that veteran) to a State, an agency or political subdivision of a State, or a Tribal organization that provided a burial plot or interment for the veteran without charge if the State, agency or political subdivision of the State, or Tribal organization:
• (1) Is claiming the plot or interment allowance for burial of the veteran in a cemetery, or section of a cemetery, owned by the State, agency or subdivision of the State, or on trust land owned by, or held in trust for, a Tribal organization;
• (B) Deceased former members of a reserve component of the Armed Forces not otherwise eligible for interment in a national cemetery who were discharged or released from service under conditions other than dishonorable;
• (C) Individuals described in 38 U.S.C.
• (c) Plot or interment allowance payable based on burial in other than a State or Tribal veterans cemetery.
• * * *

and 4 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• (b) Plot or interment allowance for burial in a State veterans cemetery.
• 2303(b)(1) (without regard to whether any other burial benefits were provided for that veteran) to a State, or an agency or political subdivision of a State, that provided a burial plot or interment for the veteran without charge if the State, or agency or political subdivision of the State:
• (1) 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 agency or subdivision of the State;
• (B) Deceased former members of a reserve component of the Armed Forces not otherwise eligible for interment in a national cemetery who were discharged or released from service under conditions other than dishonorable.
• (c) Plot or interment allowance payable based on burial in other than a State veterans cemetery.

and 1 more removed passages

Added

• 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.
• (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.
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept.

and 2 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• 2302 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.
• (c) Additional allowance for transportation of unclaimed remains.
• VA may reimburse for transportation expenses related to burial in a national cemetery under § 3.1709, Transportation expenses for burial in a national cemetery, for a veteran described in paragraph (b) of this section.

and 2 more removed passages

Added

• VA will pay the transportation expenses, subject to paragraph (d) of this section, of a veteran's remains to the place of burial for a veteran described in paragraph (b) of this section or for burial in a national cemetery or a covered veterans' cemetery, as defined in § 3.1700(b)(2), for a veteran described in paragraph (c) of this section.
• (b) Eligibility for transportation to the place of burial under 38 U.S.C.
• VA will pay the expense incurred to transport an eligible veteran's remains to the place of burial, subject to paragraph (d) of this section, where the death occurs within a State and the place of burial is in the same State or any other State.
• (1) A veteran described in this paragraph is a deceased veteran who meets any of the following criteria:
• (i) A veteran covered under 38 CFR 3.1705(b), or a veteran who died of a service-connected disability and who also satisfies the criteria listed under 38 CFR 3.1705(b)).
• (ii) A veteran covered under 38 CFR 3.1706(b).
• (iii) A veteran covered under 38 CFR 3.1708(b).

and 13 more added passages

Removed

• Link to an amendment published at 89 FR 78254, Sept.
• VA will reimburse the costs of transportation, subject to paragraph (d) of this section, of a veteran's remains for burial in a national cemetery for a veteran described in paragraph (b) of this section.
• VA will reimburse for the expense incurred, subject to paragraph (d) of this section, to transport a veteran's remains for burial in a national cemetery if:
• (1) The veteran died as the result of a service-connected disability;
• (2) The veteran was receiving service-connected disability compensation on the date of death;
• (3) The veteran would have been receiving service-connected disability compensation on the date of death, but for the receipt of military retired pay or non-service-connected disability pension;

and 6 more removed passages

Added

• or of a State, Tribal organization, or the employer of the deceased veteran has paid or contributed payment to the veteran's plot or interment expenses, VA will pay the claimant up to the lesser of:
• [79 FR 32658, June 6, 2014, as amended at 89 FR 78255, Sept.

and 3 more added passages

Removed

• Link to an amendment published at 89 FR 78255, Sept.
• or of a State, or the employer of the deceased veteran has paid or contributed payment to the veteran's plot or interment expenses, VA will pay the claimant up to the lesser of:

and 3 more removed passages