38 C.F.R. § 3.1706

Current through November 30, 2024
Section 3.1706 - Burial allowance for a veteran who dies while hospitalized by VA
(a)General rule. VA will pay up to the maximum burial allowance specified in 38 U.S.C. 2303(a) for the burial and funeral expenses of a veteran described in paragraph (b) of this section.
(b)Eligibility. A burial allowance is payable under this section for a veteran whose death was not service-connected and who died while hospitalized by VA. For purposes of this allowance, a veteran was hospitalized by VA if the veteran:
(1) Was properly admitted to a VA facility (as described in 38 U.S.C. 1701(3) ) for hospital, nursing home, or domiciliary care under the authority of 38 U.S.C. 1710 or 1711(a) ;
(2) Was transferred or admitted to a non-VA facility (as described in 38 U.S.C. 1701(4) ) for hospital care under the authority of 38 U.S.C. 1703 ;
(3) Was transferred or admitted to a nursing home for nursing home care at the expense of the U.S. under the authority of 38 U.S.C. 1720 ;
(4) Was transferred or admitted to a State nursing home for nursing home care for which payment is authorized under the authority of 38 U.S.C. 1741 ;
(5) Was traveling under proper prior authorization, and at VA expense, to or from a specified place for purpose of examination, treatment, or care; or
(6) Was hospitalized by VA pursuant to any of paragraphs (b)(1) through (4) of this section but was not at the facility at the time of death and was:
(i) On authorized absence that did not exceed 96 hours at the time of death;
(ii) On unauthorized absence for a period not in excess of 24 hours at the time of death; or
(iii) Absent from the facility for a period not in excess of 24 hours of combined authorized and unauthorized absence at the time of death.
(c)Hospitalization in the Philippines. Hospitalization in the Philippines under 38 U.S.C. 1731 , 1732 , and 1733 does not meet the requirements of this section.
(d)Additional allowances available based on death while hospitalized by VA. In addition to the burial allowance authorized by this section:
(1) VA may pay the transportation benefit under § 3.1709 ; and
(2) VA may pay the plot or interment allowance under § 3.1707 .

38 C.F.R. §3.1706

Authority: 38 U.S.C. 2303 , 2308

89 FR 78254 , 10/25/2024

§ 3.1(z) for the definition of "nursing home", § 3.1(i) for the definition of "State".