38 U.S.C. § 2303: Death from non-service-connected disability; plot allowance

pay the actual cost (not to exceed $700 (as increased from time to time under subsection (c))) 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 when such a death occurs in a State, transport the body to the place of burial in the same or any other State. a facility of the Department (as defined in section 1701(3) of this title ) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or hospital care in accordance with sections 1703A, 8111, and 8153 of this title; nursing home care under section 1720 of this title ; or nursing home care for which payments are made under section 1741 of this title . At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title ) is in receipt of compensation under chapter 11 of this title (or but for the receipt of retirement pay would have been entitled to such compensation) or was in receipt of pension under chapter 15 of this title. the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title ) has no next of kin or other person claiming the body of the deceased veteran; and that there are not available sufficient resources to cover burial and funeral expenses. eligible for burial in a national cemetery; members of a reserve component of the Armed Forces not otherwise eligible for such burial or former members of such a reserve component not otherwise eligible for such burial who are discharged or released from service under conditions other than dishonorable; or described in section 2408(i)(2) of this title ; and owned by a State or by an agency or political subdivision of a State; or on trust land owned by, or held in trust for, a tribal organization. 1 1 So in original. The period probably should be “; and”. if such veteran is eligible for a burial allowance under subsection (a) of this section, or was discharged from the active military, naval, air, or space service for a disability incurred or aggravated in line of duty, and such veteran 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 $700 (as increased from time to time under subsection (c)) 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, tribal organization, 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. the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds the Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), 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. In this section, the terms “tribal organization” and “trust land” have the meanings given those terms in section 3765 of this title . Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply with respect to deaths occurring on or after October 1, 2011 . No adjustments shall be made under section 2303(c) of title 38 , United States Code, as added by subsection (c), for fiscal year 2012.” Except as provided in subsection (b), the amendments made by this title [enacting section 1008 [now 2408] of this title and amending sections 902, 906, and 1798 [now 2302, 2306, and 3698] of this title] shall take effect on the date of the enactment of this Act [ Oct. 18, 1978 ]. The amendment made by section 202(a) of this title [amending this section] shall take effect on October 1, 1978 .” The Secretary of Veterans Affairs shall treat a veteran described in subsection (b) as a veteran described in subparagraph (A) of section 2303(a)(2) of title 38 , United States Code. A veteran described in this subsection is a veteran who dies in a home or other setting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of such title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care described in clause (ii) of such subparagraph [probably means subpar. (A) of section 2303(a)(2) of title 38 , United States Code]. on or after the date that is 180 days after the date of the enactment of this Act [ Jan. 2, 2025 ]; and before October 1, 2026 .” the veteran was buried, before March 15, 2022 , in a cemetery, or in a section of a cemetery, that is on trust land owned by, or held in trust for, a tribal organization; the tribal organization that is responsible for operating and maintaining the cemetery, or the section of cemetery, applies for such allowance; a plot or interment allowance was not already paid for the burial of such veteran under paragraph (2) of such section; and the burial of the veteran otherwise meets the requirements under paragraph (1) of such section.”