---
kind: "section"
citation: "38 C.F.R. § 3.1708"
title: "38"
number: "3.1708"
heading: "Burial of a veteran whose remains are unclaimed."
url: "https://uscodex.org/cfr/38/3.1708"
---

# §3.1708. Burial of a veteran whose remains are unclaimed.

- (a) **General.** VA will pay the maximum burial allowance specified in [38 U.S.C. 2303](/usc/38/2303.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.
- (b) **Eligibility.** A burial allowance is payable under this section for a veteran if the Secretary determines that:
  - (1) There is no next of kin or other person claiming the remains of the deceased veteran; and
  - (2) There are not sufficient resources available in the veteran's estate to cover the burial and funeral expenses.
- (c) **Additional benefit for transportation of unclaimed remains.** In addition to the burial allowance authorized by this section, VA may pay the transportation benefit under [§ 3.1709](/cfr/38/3.1709.md).
- (d) **Burial.** When VA determines that a veteran's remains are unclaimed, the Director of the VA regional office in the area in which the veteran died will immediately complete arrangements for burial in a national cemetery or, at his or her option, in a cemetery or cemetery section meeting the requirements of [paragraph (b)](/cfr/38/3.1707.md?p=b) of § 3.1707, Plot or interment allowance.

## 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]