Overview
In This Section |
This section contains the following topics:
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1. Definitions of Burial Benefit Terms
Introduction |
This topic defines terms related to burial benefits, including
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Change Date |
October 25, 2018
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Burial includes all the various recognized methods of disposing of the remains of deceased persons. Examples include
Reference: For more information on the recognized methods of disposing of the remains of deceased person, see 38 CFR 3.1700(b). |
VII.1.A.1.b. Definition: Cremation |
A cremation is a burial, regardless of what is done with the ashes.
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VII.1.A.1.h. Definition: Unclaimed Veteran Remains |
Unclaimed Veteran remains are the remains of an identified Veteran
Note: The Veterans Health Administration (VHA) is responsible for burial payments and arrangements for the unclaimed remains of Veterans who die while hospitalized under VA medical care.
References: For more information on Veterans who died while hospitalized under VA medical care and are unclaimed, see
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VII.1.A.1.j. Definition: Last Place of Residence |
The last place of residence is the place where the Veteran lived at the time of death. It is normally the legal domicile but includes a temporary residence if it is more advantageous to the claimant.
Generally, it is not necessary to develop to ascertain or verify the place of last residence. Unless the claimant affirmatively shows it to be elsewhere, accept the place of last residence as the
Examples:
Note: A nursing home is considered a temporary residence if a Veteran still owns his/her home. Do not develop for the address, use the Veteran’s permanent address as the last place of residence.
Reference: For more information on the last place of residence in relation to transportation allowance, see 38 U.S.C. 2308.
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VII.1.A.1.k. Definition: Place of Death |
The place of death is the place shown by the death certificate or other acceptable evidence of death.
Reference: For more information on acceptable evidence of death, see 38 CFR 3.211.
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VII.1.A.1.l. Definition: Types of Burial Benefits |
VBA provides the following five burial benefits:
Note: NCA processes claims for headstones, markers, and burial flags.
References: For more information on
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2. Time Limit for Filing Claims
Introduction |
This topic contains information on time limits, including
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Change Date |
March 17, 2017
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VII.1.A.2.a. Time Limits for Filing a Burial Claim |
Claims for the NSC burial allowance must be filed within two years of the date of permanent burial or cremation of the Veteran. Payment may not exceed the statutory rate in effect at the time of the burial.
There is no time limit for applying for the
Note: In some cases, the burial allowance is not payable at the time of the Veteran’s death because of the character of the Veteran’s discharge. If, after the Veteran’s death, the discharge is upgraded by a competent authority so as to reflect a discharge under conditions other than dishonorable, a claim may be filed within two years from date of correction of the discharge.
Reference: For more information on statutory burial rates, see Burial, Plot, and Headstone/Marker Historical Rates.
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3. Priority of Payments
Introduction |
This topic contains information on the priority of payments for burial benefits, including |
Change Date |
March 17, 2017
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VII.1.A.3.a. Automatic Payments to an Eligible Surviving Spouse |
VBA automatically pays a burial and plot or interment allowance to an eligible surviving spouse without a claim, when VA is able to determine burial benefit eligibility based on evidence of record or when the surviving spouse is added at the time of the first notice of death (NOD) is processed.
A surviving spouse may file a VA Form 21P-530, Application for Burial Benefits, for additional burial benefits, including
Notes:
Reference: For more information on adding a surviving spouse at the time of NOD, see M21-1, Part III, Subpart ii, 8.A and B.
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VII.1.A.3.b. Priority of Claimants |
For all burial benefits not paid automatically to the eligible surviving spouse, VBA may pay the applicable burial benefit to the first person to file a claim for burial benefits from the list of eligible claimants
Exceptions: The provisions of priority of claimants do not apply
Notes:
References: For more information on
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VII.1.A.3.d. Burial Claims Received From Funeral Homes |
Burial claims from funeral homes may be paid for a Veteran whose remains are unclaimed.
Claims received from funeral homes that are not for unclaimed Veterans remains must be denied. In the denial letter include the following text:
The regulations regarding VA Burial Benefits changed on July 7, 2014. VA no longer prioritizes payment to funeral directors, funeral homes, or other service providers unless the Veteran’s remains are unclaimed. VA will pay burial benefits automatically to surviving spouses upon the first notice of death, or to the first living person to file 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. Therefore, we have denied your claim for VA burial benefits under the new regulations, as there is no indication that the Veterans remains are unclaimed
Reference: For more information on unclaimed remains, see M21-1, Part VII, 1.B.7.
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VII.1.A.3.e. Payment to a Person Who Murders a Veteran |
Payment of burial benefits to a person who murders a Veteran is not barred.
Reference: For more information on restriction of payment to a person who murders a Veteran, see 38 CFR 3.11.
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4. Required Evidence for Burial Benefits
Introduction |
This topic explains the evidence VBA requires for burial benefits, including |
Change Date |
March 21, 2019
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VII.1.A.4.a. Burial Forms |
For burial benefits not automatically processed, a VA Form 21P-530, is required and must contain the signature of the claimant.
For State consolidated claims for plot or interment allowance, a VA Form 21P-530a, State Application for Interment Allowance under 38 U.S.C. Chapter 23 is required.
For reimbursement of headstone or marker expense claims, a VA Form 21P-8834, Application for Reimbursement of Headstone or Marker Expense, is required and must contain the signature of the claimant.
Important: If the application does not contain the applicant’s signature, the claim is considered an incomplete application, per M21-1, Part III, Subpart ii, 2.B.3.f. Do not process the claim; follow procedures on handling an incomplete application. Claims filed electronically through an on-line application are exempt from the signature requirement. The exception to the signature requirement is when the claim is filed electronically through an on-line application.
Notes:
References: For more information on
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VII.1.A.4.b. Signed VA Form 21P-530 Application Versions Prior to April 2017 |
For signed claims on a VA Form 21P-530, (application versions prior to April 2017), follow the chart below.
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VII.1.A.4.c. Signed VA Form 21P-530 and Incurred Expenses for the Veterans Burial on the Application Version Dated April 2017 |
For signed claims on a VA Form 21P-530, and incurred expenses for the Veterans burial (application version April 2017), follow the chart below.
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VII.1.A.4.d. Signed VA Form 21P-530 and Incurred Expenses for the Veterans Plot or Interment on the Application Version Dated April 2017 |
For signed claims on a VA Form 21P-530, and incurred expenses for the Veterans plot or interment (application version April 2017), follow the chart below.
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VII.1.A.4.e. Example: Benefits Requested Not Checked on VA Form 21P-530 |
Situation: A VA Form 21P-530 is received, however, there is no benefit requested.
Result: Review the claim to determine if the Veteran was rated 100 percent SC at the time of death (excluding individual unemployability (IU)). If the Veteran was rated 100 percent SC at the time of death (excluding IU), grant SC burial allowance.
If the Veteran was not rated 100 percent SC at time of death, assume the NSC burial allowance is being claimed and process the application. Notify the claimant that
Reference: For more information on when to send a claim for SC death for a rating decision, see M21-1, Part VII, 1.B.2.c.
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VII.1.A.4.f. Proof of Death |
Proof of death is required for burial claims under 38 CFR 3.1703(b)(1)(ii).
If proof of death does not accompany the claim, it may be obtained verbally. VBA will accept evidence if it reasonably indicates that a beneficiary is deceased.
Notes:
References: For more information on
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VII.1.A.4.g. Itemized Receipt or Statement for Transportation Reimbursement |
An itemized receipt or statement is required for a claim for transportation reimbursement.
The itemized receipt or statement must show the
Notes:
References: For more information on
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5. Automated Burial and Plot or Interment Allowance
Change Date |
March 17, 2017
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VII.1.A.5.a. How VBA Generates an Automated Burial and Plot or Interment Payments |
The table below describes the automated burial payment process.
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6. End Product Control
Introduction |
This topic contains information regarding end product (EP) assignment for
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Change Date |
December 11, 2017
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VII.1.A.6.b. EP Assignment for Burials Not Eligible for Automatic Payments |
Non-automated burial payments are processed under the EP 160 series. Typically, credit for this EP is given to the PMC of jurisdiction.
Notes:
Reference: For more information on EP codes and work-rate standards for quantitative measurement, see M21-4, Appendix B.
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