---
kind: "section"
citation: "38 C.F.R. § 3.1704"
title: "38"
number: "3.1704"
heading: "Burial allowance based on service-connected death."
url: "https://uscodex.org/cfr/38/3.1704"
---

# §3.1704. Burial allowance based on service-connected death.

- (a) **General rule.** VA will pay the maximum burial allowance specified in [38 U.S.C. 2307](/usc/38/2307.md) for the burial and funeral expenses of a veteran described in [paragraph (b)](#b) of this section, unless VA has evidence on the date it receives notice of the veteran's death that the expenses incurred were less than that amount. Payment of the service-connected burial allowance is in lieu of other allowances authorized by [subpart B](/cfr/38/subpartB.md) of this part, except those allowances listed in [paragraph (c)](#c) of this section.
- (b) **Eligibility.** A burial allowance is payable under this section for a veteran who died as a result of a service-connected disability or disabilities. VA will presume, unless it has evidence to the contrary on the date it receives notice of the veteran's death, that a veteran died as a result of a service-connected disability or disabilities if, at the date of death, the veteran was rated totally disabled for a service-connected disability or disabilities, excluding a total disability rating based on individual unemployability.
- (c) **Additional allowances available based on service-connected death.** In addition to the service-connected burial allowance authorized by this section:
  - (1) VA may pay the transportation benefit under [§ 3.1709](/cfr/38/3.1709.md); and
  - (2) VA may pay the plot or interment allowance under [§ 3.1707(b)](/cfr/38/3.1707.md?p=b).

## Notes

### Amendments

[79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]

### Source

Source: 79 FR 32658, June 6, 2014, unless otherwise noted.

### Authority

Authority: 105 Stat. 386, 38 U.S.C. 501(a), 2303-2308, unless otherwise noted.

### Amendments

[79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]