---
kind: "section"
citation: "38 C.F.R. § 3.1706"
title: "38"
number: "3.1706"
heading: "Burial allowance for a veteran who died while hospitalized by VA."
url: "https://uscodex.org/cfr/38/3.1706"
---

# §3.1706. Burial allowance for a veteran who died while hospitalized by VA.

- (a) **General rule.** VA will pay up to the maximum burial allowance specified in [38 U.S.C. 2303(a)](/usc/38/2303.md?p=a) for the burial and funeral expenses of a veteran described in [paragraph (b)](#b) of this section.
- (b) **Eligibility.** A burial allowance is payable under this section for a veteran whose death was not service-connected and who died while hospitalized by VA. For purposes of this allowance, a veteran was hospitalized by VA if the veteran:
  - (1) Was properly admitted to a VA facility (as described in [38 U.S.C. 1701(3)](/usc/38/1701.md?p=3)) for hospital, nursing home, or domiciliary care under the authority of 38 U.S.C. [1710](/usc/38/1710.md) or [1711(a)](/usc/38/1711.md?p=a);
  - (2) Was transferred or admitted to a non-VA facility (as described in [38 U.S.C. 1701(4)](/usc/38/1701.md?p=4)) for hospital care under the authority of [38 U.S.C. 1703](/usc/38/1703.md);
  - (3) Was transferred or admitted to a nursing home for nursing home care at the expense of the U.S. under the authority of [38 U.S.C. 1720](/usc/38/1720.md);
  - (4) Was transferred or admitted to a State nursing home for nursing home care for which payment is authorized under the authority of [38 U.S.C. 1741](/usc/38/1741.md);
  - (5) Was traveling under proper prior authorization, and at VA expense, to or from a specified place for purpose of examination, treatment, or care; or
  - (6) Was hospitalized by VA pursuant to any of [paragraphs (b)(1) through (4)](#b-1..b-4) of this section but was not at the facility at the time of death and was:
    - (i) On authorized absence that did not exceed 96 hours at the time of death;
    - (ii) On unauthorized absence for a period not in excess of 24 hours at the time of death; or
    - (iii) Absent from the facility for a period not in excess of 24 hours of combined authorized and unauthorized absence at the time of death.
- (c) **Hospitalization in the Philippines.** Hospitalization in the Philippines under 38 U.S.C. [1731](/usc/38/1731.md), [1732](/usc/38/1732.md), and [1733](/usc/38/1733.md) does not meet the requirements of this section.
- (d) **Additional allowances available based on death while hospitalized by VA.** In addition to the 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](/cfr/38/3.1707.md).

## 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]