Persons eligible under prior law.

2306.

2307.

Death from service-connected disability.

2308.

Headstones, markers, and grave liners.

Transportation of deceased veteran to a national cemetery.

§ 2301. Flags

(a) The Secretary shall furnish a flag to drape the casket of each

(1) deceased veteran who

(A) was a veteran of any war, or of service after January 31, 1955;

(B) had served at least one enlistment; or

(C) had been discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty; and

(2) deceased individual who at the time of death was entitled to retired pay under chapter 67 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.

(Amended P.L. 87-240; P.L. 89–358, §9; P.L. 91-588, § 9(g)(1); P.L. 101-237, § 313(b); P.L. 102–83, § 5(a); P.L. 102-547, § 11(a).)

(b) After the burial of the veteran the flag so furnished shall be given to the veteran's next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran. (Amended P.L. 99-576, § 701(50); P.L. 102-83, § 5(a).)

(c) For the purpose of this section, the term "Mexican border period" as defined in paragraph (30) of section 101 of this title includes the period beginning on January 1, 1911, and ending on May 8, 1916.

(Added P.L. 87-240; amended P.L. 91-588, §9(g)(2); P.L. 102-83, § 5(a).)

(d) In the case of any person who died while in the active military, naval, or air service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or under section 1482(a) of title 10.

70-596 0-93-10

(Added P.L. 90-77, §402; amended P.L. 101-237, §313(b); P.L. 102-54, § 14(b)(20); P.L. 102-83, § 5(a).)

(e) The Secretary shall furnish a flag to drape the casket of each deceased person who is buried in a national cemetery by virtue of eligibility for burial in such cemetery under section 2402(6) of this title. After the burial, the flag shall be given to the next of kin or to such other person as the Secretary considers appropriate. (Added P.L. 97–306, § 402(a); amended P.L. 101–237, §313(b); P.L. 102-83, § 5(a), (c)(1).)

$2302. Funeral expenses

(a) In the case of a deceased veteran

(1) who at the time of death was in receipt of compensation (or but for the receipt of retirement pay would have been entitled to compensation) or was in receipt of pension, or

(2) who was a veteran of any war or was discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, whose body is held by a State (or a political subdivision of a State), and with respect to whom the Secretary determines

(A) that there is no next of kin or other person claiming the body of the deceased veteran, and

(B) that there are not available sufficient resources to cover burial and funeral expenses,

the Secretary, in the Secretary's discretion, having due regard to the circumstances in each case, may pay a sum not exceeding $300 to such person as the Secretary prescribes to cover the burial and funeral expenses of the deceased veteran and the expense of preparing the body and transporting it to the place of burial. For the purpose of this subsection, the term "veteran" includes a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title.

(Amended P.L. 89-360; P.L. 95-476, § 203(b)(1), (2); P.L. 95-479, §303(a); P.L. 97-35, § 2001(a)(1); P.L. 97–306, § 403; P.L. 101–237, 8313(b); P.L. 102-83, § 5(a).)

(b) Except as hereafter provided in this subsection, no deduction shall be made from the burial allowance because of the veteran's net assets at the time of the death of such veteran, or because of any contribution from any source toward the burial and funeral expenses (including transportation) unless the amount of expenses incurred is covered by the amount actually paid therefor by the United States, a State, any agency or political subdivision of the United States or of a State, or the employer of the deceased veteran. No claim shall be allowed (1) for more than the difference between the entire amount of the expenses incurred and the amount paid by any or all of the foregoing, or (2) when the burial allowance would revert to the funds of a public or private organization or would discharge such an organization's obligation without payment. The burial allowance or any part thereof shall not be paid in any case where specific provision is otherwise made for payment of expenses of funeral, transportation, and interment under any other Act.

(Amended P.L. 88-359; P.L. 95-476, § 203(b)(3); P.L. 102-83, § 5(a).)

§2303. Death in Department facility; plot allowance

(a) When a veteran dies in a Department facility (as defined in section 1701(4) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title or in an institution at which the deceased veteran was receiving hospital care in accordance with section 1703 of this title or nursing home care under section 1720 of this title at the expense of the United States at the time of death, the Secretary

(1) shall pay the actual cost (not to exceed $300) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and

(2) shall, when such a death occurs in a State, transport the body to the place of burial in the same or any other State. (Amended P.L. 93-43, §5(a)(1); P.L. 94-581, 8204; P.L. 95-479, §303(a); P.L. 97-306, §404(a); P.L. 99-272, § 19012(c); P.L. 101237, §313(b); P.L. 102–83, §§ 4(a), 5(a), (c)(1).)

(b) In addition to the benefits provided for under section 2302 of this title and subsection (a) of this section, in the case of a veteran who is eligible for a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war and who is not buried in a national cemetery or other cemetery under the jurisdiction of the United States

(1) if such veteran is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons eligible for burial in a national cemetery, and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $150 as a plot or interment allowance for such veteran; and

(2) if such veteran (other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war) is buried in a cemetery, or a section of a cemetery, other than as described in clause (1) of this subsection, the Secretary shall pay a sum not exceeding $150 as a plot or interment allowance to such person as the Secretary prescribes, except that if any part of the plot or interment costs of a burial to which this clause applies has been paid or assumed by a State, an agency or political subdivision of a State, or a former employer of the deceased veteran, no claim for such allowance shall be allowed for more than the difference between the entire amount of the expenses incurred and the amount paid or assumed by any or all of the foregoing entities.

(Amended P.L. 86-70, § 29(a); P.L. 86-624, §25(b); P.L. 87-99; P.L. 89-358, §4(i); P.L. 93-43, §5(a)(1); P.L. 95-476, § 202(a); P.L. 97–

35, 2001(b); P.L. 101-237, §313(b); P.L. 101-508, §8042(a); P.L. 102-83, § 5(a), (c)(1).)

$2304. Claims for reimbursement

Applications for payments under section 2302 of this title must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran's discharge from the service, but after the veteran's death the veteran's discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant's application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.

(Amended P.L. 88-3; P.L. 91-24, §7; P.L. 99-576, § 701(51); P.L. 101-237, §313(b); P.L. 102-83, § 5(a), (c)(1).)

§2305. Persons eligible under prior law

The death of any person who had a status which would, under the laws in effect on December 31, 1957, afford entitlement to the burial benefits and other benefits provided for in this chapter, but who did not meet the service requirements contained in this chapter, shall afford entitlement to such benefits, notwithstanding the failure of such person to meet such service requirements.

(Amended P.L. 102-83, § 5(a).)

§2306. Headstones, markers, and grave liners

(a) The Secretary shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following:

(1) Any individual buried in a national cemetery or in a post cemetery.

(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 2402(4), (5), and (6) of this title. (3) Soldiers of the Union and Confederate Armies of the Civil War.

(4) Any individual described in section 2402(5) of this title who is buried in a veterans' cemetery owned by a State.

(5) Any individual who at the time of death was entitled to retired pay under chapter 67 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.

(Added P.L. 93-43, § 5(a)(2); amended P.L. 96-385, § 502; P.L. 101237, § 313(b); P.L. 102-83, § 5(a), (c)(1); P.L. 102-547, § 11(b).)

(b) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating any veteran

(1) whose remains have not been recovered or identified,

(2) whose remains were buried at sea, whether by the veteran's own choice or otherwise,

(3) whose remains were donated to science, or

(4) whose remains were cremated and the ashes scattered without interment of any portion of the ashes,

for placement by the applicant in a national cemetery area reserved for such purpose under the provisions of section 2403 of this title or in a State, local, or private cemetery.

(Added P.L. 93–43, §5(a)(2); amended P.L. 95-479, §303(b); P.L. 97-66, § 603(a); P.L. 101-237, §313(b); P.L. 102-83, 85(a), (c)(1).)

(c) A headstone or marker furnished under subsection (a) or (b) of this section may be of any material, including but not limited to marble, granite, bronze, or slate, requested by the person entitled to request such headstone or marker if the material requested is determined by the Secretary (1) to be cost effective, and (2) in a case in which the headstone or marker is to be placed in a national cemetery, to be aesthetically compatible with the area of the cemetery in which it is to be placed.

(Added P.L. 95-476, § 203(a); amended P.L. 101-237, §313(b); P.L. 102–83, § 5(a).)

(d)(1) The Secretary of Veterans Affairs shall provide a grave liner for each new grave in an open cemetery within the National Cemetery System in which remains are interred in a casket. The Secretary of the Army may provide a grave liner for such a grave in the Arlington National Cemetery.

(2) The use of grave liners in a cemetery within the National Cemetery System or in the Arlington National Cemetery shall be in accordance with specifications and procedures approved by the Secretary of Veterans Affairs or Secretary of the Army, respectively.

(Added P.L. 100-322, § 344(a); amended P.L. 101-237, §§ 313(b), 504(a); P.L. 101-508, § 8041(a); P.L. 102–83, § 5(a).)

§2307. Death from service-connected disability

In any case in which a veteran dies as the result of a serviceconnected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $1,500, or (2) the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 2302 and 2303(a)(1) and (b) of this title. (Added P.L. 93-94, §5(a)(2); amended P.L. 95-479, §303(c); P.L. 100-322, §303; P.L. 101-237, §313(b); P.L. 102-83, §5(a), (c)(1).) § 2308. Transportation of deceased veteran to a national cemetery

Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability com