M21-1 Manual / Part XI, Subpart iii, Chapter 1, Section A
General Information on Burial Benefits and Allowances
M21-1, Part XI, Subpart iii, Chapter 1, Section A
Overview
In This Section | This section contains the following topics:
|
1. Definitions of Burial Benefit Terms
Introduction | This topic defines terms related to burial benefits, including
|
Change Date | January 5, 2023 |
XI.iii.1.A.1.a. Definition: Burial | Burial includes all the various recognized methods of disposing of the remains of deceased persons. Examples include
|
XI.iii.1.A.1.b. Definition: Cremation | A cremation is a burial, regardless of what is done with the ashes. |
XI.iii.1.A.1.c. Definition: Burial at Sea | A burial at sea occurs when the deceased Veteran’s body is committed to the sea.Note: Burial at sea is not considered a final resting place for Veterans Benefits Administration (VBA) purposes and is not eligible for plot or interment allowance. |
XI.iii.1.A.1.d. Definition: Medical School Donation | A medical school donation is considered a recognized method of disposing of remains if the deceased Veteran’s body is turned over to a medical school for scientific purposes. |
XI.iii.1.A.1.e. Definition: Alkaline Hydrolysis | Alkaline hydrolysis, also known as “green cremation,” is a water-based dissolution process for human remains that uses alkaline chemicals to accelerate natural decomposition. Alkaline hydrolysis is a burial for Department of Veterans Affairs (VA) purposes in States in which alkaline hydrolysis is a lawful method for disposing of human remains.Note: Alkaline hydrolysis is only approved as a form of burial in States where it is considered a legal form of cremation. |
XI.iii.1.A.1.f. Definition: Plot | A plot is the final disposal site of the remains.Synonyms: Burial plot, interment site, or final resting place.Examples: Grave, mausoleum, vault, columbarium niche, or other site.Note: Consider the plot to be the
|
XI.iii.1.A.1.g. Definition: Interment | Interment is the act of placing the remains of a deceased person in a final resting place.Examples:
|
XI.iii.1.A.1.h. Definition: Unclaimed Veteran Remains | Unclaimed Veteran remains are the remains of an identified Veteran
|
XI.iii.1.A.1.i. Definition: Nearest National Cemetery | The nearest national cemetery is
|
XI.iii.1.A.1.j. Definition: Last Place of Residence | The last place of residence is the place where the Veteran lived at the time of death. It is normally the legal domicile but includes a temporary residence if it is more advantageous to the claimant. Generally, it is not necessary to develop to ascertain or verify the place of last residence. Unless the claimant affirmatively shows it to be elsewhere, accept the place of last residence as the
|
XI.iii.1.A.1.k. Definition: Place of Death | The place of death is the place shown by the death certificate or other acceptable evidence of death. Reference: For more information on acceptable evidence of death, see 38 CFR 3.211. |
XI.iii.1.A.1.l. Definition: Types of Burial Benefits | VBA provides the following four burial benefits:
|
XI.iii.1.A.1.m. Definition: Covered Veterans’ Cemetery | A covered Veterans’ cemetery is a Veterans cemetery in which a deceased Veteran is eligible to be buried that is owned by a State or is on a trust land owned by, or held in trust for, a tribal organization, and for which the Secretary has made a grant under 38 U.S.C. 2408. Examples include:
|
2. Time Limit for Filing Claims
Introduction | This topic contains information on time limits, including
|
Change Date | January 5, 2023 |
XI.iii.1.A.2.a. Time Limits for Filing a Burial Claim | Claims for the NSC burial allowance must be filed within two years of the date of permanent burial or cremation of the Veteran. Payment may not exceed the statutory rate in effect at the time of the burial. There is no time limit for applying for the
|
XI.iii.1.A.2.b. Claim Filed on Behalf of a Deceased Funeral Director | In some cases, a claim may not be filed during the lifetime of the funeral director who provided services for a Veteran whose remains are unclaimed. In this situation, payment may be made to the person responsible for distributing the deceased funeral director’s estate if the responsible person submits the claim and necessary evidence within the established time limit of the Veteran’s burial.Note: Funeral home directors and other third-party claimants filing on behalf of a deceased funeral home director cannot receive burial benefits unless they provided services for the unclaimed remains of a Veteran. |
3. Priority of Payments
Introduction | This topic contains information on the priority of payments for burial benefits, including
|
Change Date | April 24, 2025 |
XI.iii.1.A.3.a. Automatic Payments to an Eligible Surviving Spouse | VBA automatically pays a burial and plot or interment allowance to an eligible surviving spouse without a claim, when VA is able to determine burial benefit eligibility based on evidence of record or when the surviving spouse is added at the time of the First Notice of Death (FNOD) is processed. A surviving spouse may file a VA Form 21P-530EZ, Application for Burial Benefits, (Under 38 U.S.C. Chapter 23) for additional burial benefits, including
|
XI.iii.1.A.3.b. Priority of Payments | For all burial benefits not paid automatically to the eligible surviving spouse at the notice of death (NOD), VBA may pay the applicable burial benefit to the first person to file a claim for burial benefits from the following list of eligible claimants:
|
XI.iii.1.A.3.c. Proof of Executorship or Administrator | Specific documentation is generally not required to show that a claimant is the executor or administrator of the estate for burial benefit payments. |
XI.iii.1.A.3.d. Burial Claims Received From Funeral Homes | Burial claims from funeral homes may be paid for a Veteran whose remains are unclaimed.Claims received from funeral homes that are not for unclaimed Veterans remains must be denied. In the denial letter include the following text:The regulations regarding VA Burial Benefits changed on July 7, 2014. VA no longer prioritizes payment to funeral directors, funeral homes, or other service providers unless the Veteran's remains are unclaimed. VA will pay burial benefits automatically to an eligible surviving spouse upon the first notice of death (FNOD), or added at the time of FNOD processing, or to the first eligible living person to file of the following priority claimants: surviving spouse, survivor of a legal union, children (regardless of age), parent(s), other relative or friend of the Veteran, or the executor or administrator of the estate of the deceased Veteran. Therefore, we have denied your claim for VA burial benefits under the new regulations, as there is no indication that the Veteran's remains are unclaimed.Reference: For more information on unclaimed remains, see M21-1, Part XI, Subpart iii, 1.B.7. |
XI.iii.1.A.3.e. Payment to a Person Who Murders a Veteran | Payment of burial benefits to a person who murders a Veteran is not barred.Reference: For more information on restriction of payment to a person who murders a Veteran, see 38 CFR 3.11. |
XI.iii.1.A.3.f. Paying Burial Benefits When Service Is Unverified | If other qualifying criteria are met, and service is not shown as verified in VA systems, service requirements can be conceded for payment of the following benefit for a Veteran who, on the date of death, was receiving VA pension or disability compensation:
|
4. Required Evidence for Burial Benefits
Introduction | This topic explains the evidence VBA requires for burial benefits, including
|
Change Date | April 24, 2025 |
XI.iii.1.A.4.a. Burial Forms | For burial benefits not automatically processed, a VA Form 21P-530EZ is required and must contain the signature of the claimant. For tribal organization and State consolidated claims for plot or interment allowance, a VA Form 21P-530a, State or Tribal Organization Application for Interment Allowance (Under 38 U.S.C. Chapter 23), is required.For reimbursement of headstone or marker expense claims, a VA Form 21P-8834, Application for Reimbursement of Headstone or Marker Expense, is required and must contain the signature of the claimant. Important: If the application does not contain the applicant’s signature, the claim is considered an incomplete application, per M21-1, Part II, Subpart iii, 1.A.4.e. Do not process the claim; follow procedures on handling an incomplete application. Claims filed electronically through an on-line application are exempt from the signature requirement. The exception to the signature requirement is when the claim is filed electronically through an on-line application. Notes:
|
XI.iii.1.A.4.b. Expenses for the Veteran's Burial | For signed claims on a VA Form 21P-530EZ, and incurred expenses for the Veteran's burial, follow the table below.
|
XI.iii.1.A.4.c. Expenses for the Veteran's Plot or Interment | For signed claims on a VA Form 21P-530EZ, and incurred expenses for the Veteran's plot or interment, follow the table below.
|
XI.iii.1.A.4.d. Expenses for the Veteran’s Burial Transportation | For signed claims on a VA Form 21P-530EZ, follow the table below to decide transportation benefits.
|
XI.iii.1.A.4.e. Example: When Benefits Requested Is Not Checked on the Application | Situation: A VA Form 21P-530EZ is received, however, there is no benefit requested.Result: Review the claim to determine if the Veteran was rated 100 percent SC at the time of death (excluding individual unemployability (IU)). If the Veteran was rated 100 percent SC at the time of death (excluding IU), grant SC burial allowance.If the Veteran was not rated 100 percent SC at time of death, assume the NSC burial allowance is being claimed and process the application. Notify the claimant that
|
XI.iii.1.A.4.g. Itemized Receipt or Statement for Transportation Benefit | An itemized receipt or statement is required to approve a claim for the transportation benefit.The itemized receipt or statement must show the
Important: The transportation benefit is considered claimed if transportation expenses are reported on the prescribed form, or the corresponding section of the form is blank but supporting evidence submitted at the same time as the prescribed form, such as an itemized funeral bill, shows incurred transportation expenses. References: For more information on
|
5. Automated Burial and Plot or Interment Allowance Under the FNOD Process
Introduction | This topic contains information on the automated burial and plot or interment allowance, including
|
Change Date | January 5, 2023 |
XI.iii.1.A.5.a. Automated Burials Under the FNOD Process | Automated burial and plot or interment allowances under the FNOD process use EP 169. Burial benefits through the FNOD process may be granted without an application upon processing of a valid report of death. Because this is an automated process, credit for this EP is not given to the station of origination.Notes:
|
XI.iii.1.A.5.b. How VBA Generates an Automated Burial and Plot or Interment Allowance Through the FNOD Process | The table below describes the automated burial payment process using the FNOD command.
|
6. EP 160 and PA Processing
Introduction | This topic contains information regarding burial claims under EP 160 control and automation, including
|
Change Date | June 8, 2022 |
XI.iii.1.A.6.a. EP Assignment for Burials | Burial payments are processed under the EP 160 series. Credit for this EP is given to the PMC of jurisdiction, if processed by the PMC. Notes:
|
XI.iii.1.A.6.b. Claims Processed by PA | An EP 160 can be processed by PA at any given point during the claim’s lifecycle after the EP is established.PA is an automated process that extracts data from certain documents and applications received from the claimants. PA then utilizes business rules to generate ratings, decisions, and notifications for burial, DIC, and pension claims.When PA finalizes an EP 160 the credit is not given to the PMC of jurisdiction. |
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XI, Subpart iii, Chapter 1, Section A (U.S. government work, reproduced for reference). Browse all sections →