La. Admin. Code tit. 4 § VII-992

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-992 - Burial Eligibility for Members of the Louisiana National Guard, Reserve Components of the Armed Forces, and Their Dependents

A. Pursuant to Louisiana R.S. 29:295(E) and 38 U.S.C. 2408, the following deceased members of the Louisiana National Guard or of a drilling reserve component of the Armed Forces, and their dependents are eligible for burial in veterans cemeteries operated by the Department of Veterans Affairs.

1. Any member of the Louisiana National Guard or of a drilling reserve component of the Armed Forces who was a Louisiana resident at the time of death and who was discharged or released from federal and state service under conditions other than dishonorable, as shown by a discharge certificate or NGB 22.

2. Any member of the Louisiana National Guard or of a drilling reserve component of the Armed Forces who was a Louisiana resident at the time of death and whose death occurs under conditions other than dishonorable while a member of the Louisiana National Guard or the reserve component.

3. Any spouse, minor child, or unmarried adult child of any member described above. The spouse, minor child, or unmarried adult child must be a Louisiana resident at the time of death.

a. Spouse includes a surviving spouse who subsequently remarries.

b. Minor child means an unmarried child under 18 years of age.

c. Unmarried adult child means a child who became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution.

B. The person applying for burial of an eligible member of the Louisiana National Guard, reserve component of the Armed Forces, or their dependent is responsible for providing documents with the application that verify eligibility.

C. For members of the Louisiana National Guard or of a drilling reserve component of the Armed Forces eligible for burial pursuant to Subsection (A)(1) and (2) of this Section, the cost of burial shall be the cost of a headstone or marker and the amount of a burial plot allowance established by the United States Department of Veterans Affairs, according to 38 U.S.C. 2303(b)(1) and (c), for veterans who are eligible for burial in a national cemetery. If funds have not been appropriated by the legislature or the United States Department of Veterans Affairs for the cost of burial, the applicant shall pay the cost of burial prior to interment.

D. For spouses, minor children, and unmarried adult children eligible for burial pursuant to Subsection (A)(3) of this Section, the cost of burial shall be the amount set by R.S. 29:295(C), and shall be paid by the applicant prior to interment. If funds have not been appropriated by the legislature or the United States Department of Veterans Affairs for the cost of a headstone or marker for spouses, minor children, and unmarried adult children, the applicant shall also pay the cost of a headstone or marker prior to interment.

E. If a headstone or marker must be reordered due to incorrect information provided by the applicant, the applicant shall pay the cost of a replacement headstone or marker.

F. To establish that the residency requirement has been met, the applicant must present at least three of the following documents that include the veteran's name and a Louisiana residence address:

1. unexpired Louisiana driver's license or Louisiana special identification card;

2. Louisiana voter registration card;

3. Louisiana vehicle registration;

4. homestead tax exemption form;

5. Louisiana full time resident income tax return (signed and marked as received by the Louisiana Department of Revenue).

G. If the applicant cannot present at least three of the documents listed above, they must present two of the documents listed above and must provide copies of at least two documents in addition to those provided from the list above. The additional documents must include the decedent's name and a Louisiana residence address and must show the decedent lived at a Louisiana residence address at the time of death (i.e., utility bills, federal income tax returns, lease agreement or mortgage statement, or employment documentation).

H. This Section does not apply to veterans who qualify for burial in national veterans cemeteries as provided in 38 U.S.C. 2402 and 38 C.F.R. 1.620 and therefore qualify for burial in a veterans cemetery pursuant to R.S. 29:295.

La. Admin. Code tit. 4, § VII-992

Promulgated by the Office of the Governor, Department of Veterans Affairs, LR 50502 (4/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:295(E).