---
kind: "section"
citation: "38 C.F.R. § 3.1709"
title: "38"
number: "3.1709"
heading: "Transportation expenses for burial."
url: "https://uscodex.org/cfr/38/3.1709"
---

# §3.1709. Transportation expenses for burial.

- (a) **General.** VA will pay the transportation expenses, subject to [paragraph (d)](#d) of this section, of a veteran's remains to the place of burial for a veteran described in [paragraph (b)](#b) of this section or for burial in a national cemetery or a covered veterans' cemetery, as defined in [§ 3.1700(b)(2)](/cfr/38/3.1700.md?p=b-2), for a veteran described in [paragraph (c)](#c) of this section.
- (b) **Eligibility for transportation to the place of burial under 38 U.S.C. 2303(a).** VA will pay the expense incurred to transport an eligible veteran's remains to the place of burial, subject to [paragraph (d)](#d) of this section, where the death occurs within a State and the place of burial is in the same State or any other State.
  - (1) **A veteran described in this paragraph is a deceased veteran who meets any of the following criteria—**
    - (i) A veteran covered under [38 CFR 3.1705(b)](/cfr/38/3.1705.md?p=b), or a veteran who died of a service-connected disability and who also satisfies the criteria listed under [38 CFR 3.1705(b)](/cfr/38/3.1705.md?p=b)).
    - (ii) A veteran covered under [38 CFR 3.1706(b)](/cfr/38/3.1706.md?p=b).
    - (iii) A veteran covered under [38 CFR 3.1708(b)](/cfr/38/3.1708.md?p=b).
  - (2) A payment authorized under [paragraph (b)](#b) of this section shall not duplicate any payment authorized under [paragraph (c)](#c) of this section.
- (c) **Eligibility for transportation benefit under 38 U.S.C. 2308.** For a veteran described below, VA will pay for the expense incurred, subject to [paragraph (d)](#d) of this section, to transport a veteran's remains for burial in a national cemetery or a covered veterans' cemetery, as defined in [38 CFR 3.1700(b)(2)](/cfr/38/3.1700.md?p=b-2).
  - (1) **A veteran described in this paragraph is a deceased veteran who—**
    - (i) Died as the result of a service-connected disability and who is not eligible for the transportation benefit under [paragraph (b)](#b) of this section; or
    - (ii) **Died outside of a State.**
  - (2) The amount payable under this [paragraph (c)](#c) will not exceed the cost of transporting the remains to the national cemetery closest to the veteran's last place of residence in which burial space is available and is subject to the limitations set forth in [paragraph (d)](#d) of this section.
  - (3) A payment authorized under this [paragraph (c)](#c) shall not duplicate any payment authorized under [paragraph (b)](#b) of this section.
- (d) **Reimbursable transportation expenses.**
  - (1) VA will pay reasonable transportation expenses, including but not limited to the costs of shipment via common carrier (i.e., procuring permits for shipment, a shipping case, sealing of the shipping case, and applicable Federal taxes) and costs of transporting the remains to the place of burial.
  - (2) A reasonable transportation expense is an expense that is usual and customary in the context of burial transportation, with a corresponding charge that is the usual and customary charge made to the general public for the same or similar services.

## 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]