Section 3.1706 - [Effective until 10/25/2024] Burial allowance for a veteran who died 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 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; or(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. Authority: 38 U.S.C. 2303(a) , 2308
§ 3.1(z) for the definition of "nursing home", § 3.1(i) for the definition of "State".