# 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) for the burial and funeral expenses of a veteran described in paragraph (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)) for hospital, nursing home, or domiciliary care under the authority of 38 U.S.C. 1710 or 1711(a);
(2) Was transferred or admitted to a non-VA facility (as described in 38 U.S.C. 1701(4)) for hospital care under the authority of 38 U.S.C. 1703;
(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;
(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;
(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) 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, 1732, and 1733 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; and
(2) VA may pay the plot or interment allowance under § 3.1707.
(Authority: 38 U.S.C. 2303, 2308)
Cross Reference: § 3.1(z) for the definition of “nursing home”, § 3.1(i) for the definition of “State”.
[79 FR 32658, June 6, 2014, as amended at 89 FR 78254, Sept. 25, 2024]