38 CFR § 3.1712 - Effect of forfeiture on payment of burial benefits.

---
identifier: "/us/cfr/t38/s3.1712"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 3.1712 - Effect of forfeiture on payment of burial benefits."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "3.1712"
section_name: "Effect of forfeiture on payment of burial benefits."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "3"
part_name: "ADJUDICATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "3"
---


# 3.1712 Effect of forfeiture on payment of burial benefits.

(a) *Forfeiture for fraud.* VA will pay burial benefits, if otherwise in order, based on a deceased veteran who forfeited his or her right to receive benefits due to fraud under § 3.901, Fraud. However, VA will not pay burial benefits to a claimant who participated in fraudulent activity that resulted in forfeiture under § 3.901.

(b) *Forfeiture for treasonable acts or for subversive activity.* VA will not pay burial benefits based on a period of service commencing before the date of commission of the offense if either the veteran or the claimant has forfeited the right to all benefits except insurance payments under § 3.902, Forfeiture for treasonable acts, or § 3.903, Forfeiture for subversive activities, because of a treasonable act or subversive activities, unless the offense was pardoned by the President of the U.S.

(Authority: 38 U.S.C. 6103, 6104, 6105)

Cross Reference: § 3.1(aa), for the definition of “fraud.”