VA Law Library

38 CFR Part 38

Burial and Memorial Benefits

Burial allowances, plot allowances, headstones, and national cemetery eligibility.

Read the official text of 38 CFR Part 38

In plain English

Part 38 governs the National Cemetery Administration and the memorial benefits a veteran’s family can claim: burial in a national cemetery at no cost, a government headstone or marker, a burial flag, and a Presidential Memorial Certificate.

Monetary burial allowances differ sharply depending on whether the death was service-connected. A service-connected death carries a substantially larger allowance, and transportation costs may also be reimbursed.

What the rule actually requires

  • Burial in a VA national cemetery is available at no cost to eligible veterans, spouses, and certain dependent children.
  • A headstone, marker, or medallion is furnished at government expense for eligible graves.
  • Burial allowances are paid at a higher rate for a service-connected death than for a non-service-connected death.
  • A plot or interment allowance may be payable when burial is not in a national cemetery.

Why this matters to your claim

Claims for burial benefits have filing deadlines in some circumstances. Knowing which allowance applies before the funeral home paperwork is finalized avoids leaving money unclaimed.

This is our plain-English summary, written for veterans — it is not the regulation itself and it is not legal advice. The controlling text is the current official version, linked above. The VA makes all final decisions about eligibility and payment.

Official text of 38 CFR Part 38

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