Expanded Burial Benefits, 78251-78255 [2024-21864]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78251-78255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21864]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AR69


Expanded Burial Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) amends its 
adjudication regulations pertaining to burial benefits to conform to 
statutory changes enacted by the Johnny Isakson and David P. Roe, M.D. 
Veterans Health Care and Benefits Improvement Act of 2020 and the 
Burial Equity for Guards and Reserves Act of the Consolidated 
Appropriations Act, 2022. The conforming regulatory changes implement 
an expansion of the transportation benefit and provision of a single 
payment rate for non-service-connected burial allowances regardless of 
the location of a qualifying Veteran's death and coincide with the 
effective date for the statutory amendments (January 5, 2023). The 
conforming regulatory changes also implement the extension of the VA 
plot or interment allowance to Tribal organizations for interment of 
eligible Veterans on trust land owned by, or held in trust for, the 
Tribal organization and coincide with the effective date for the 
statutory amendments (March 15, 2022). VA also provides additional 
clarifying changes to its burial benefits regulations.

DATES: This rule is effective October 25, 2024.

FOR FURTHER INFORMATION CONTACT: Eric Baltimore, Management and Program 
Analyst, Pension and Fiduciary Service (21PF), Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420, (202) 632-8863. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on September 25, 2023, at 88 FR 65641, VA proposed to amend 
its adjudication regulations pertaining to burial benefits to conform 
to recent statutory changes enacted by sections 2201 and 2202 of the 
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020 (Pub. L. 116-315), and section 102(c) of 
Division CC (Burial Equity for Guards and Reserves Act) of the 
Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
    VA provided a 60-day public comment period, which ended on November 
24, 2023, and received six comments in response to the notice of 
proposed rulemaking. All comments generally agreed with the amendments 
in the proposed rulemaking. One commenter stated: ``I support the 
Department of Veterans Affairs proposed rule expanding burial benefits 
for veterans and their families. I urge the VA to finalize this rule as 
soon as possible.'' Another commenter explained that ``[t]his rule 
change makes sense and is the least we can do to honor our Veterans at 
the end of life.'' VA appreciates these responses and will not make any 
changes based upon those comments.
    One commenter provided support for the proposed rule but addressed 
an area of improvement for non-service-connected burial benefits. This 
commenter highlighted the two-year time limit to submit a claim for 
non-service-connected burial benefits provided in proposed 38 CFR 
3.1703(a)(1), which stated that ``VA must receive a claim for the non-
service-connected burial allowance for veterans described within Sec.  
3.1705(b), Sec.  3.1706(b), or Sec.  3.1708(b) no later than 2 years 
after the burial of the veteran.'' This commenter further explained 
that ``due to the relatively low numbers concerning veterans who 
currently take advantage of these benefits, the time limit on claims 
should be removed to ensure that more veterans' families receive this 
benefit and do not have to pay for the services themselves.''
    VA appreciates the commenter's concern; however, the time limit 
referenced in 38 CFR 3.1703 must adhere to the statutory limitations 
provided within 38 U.S.C. 2304. Section 2304 states that applications 
for payments under 38 U.S.C. 2303(a)(2)(B) and (C) must be filed within 
two years after the burial of the Veteran. Section 2303(a)(2)(B) refers 
to deceased Veterans who, at the time of non-service-connected death, 
were in receipt of service-connected disability

[[Page 78252]]

compensation (or but for the receipt of retirement pay would have been 
entitled to such compensation) or were in receipt of pension. Section 
2303(a)(2)(C) refers to deceased Veterans for whom the Secretary 
determines there is no next of kin or other person claiming the body 
and that there are not sufficient resources available to cover burial 
and funeral expenses. Aside from this two-year statutory time limit as 
implemented in 38 CFR 3.1703(a)(1), there are no other time limitations 
to file claims for burial benefits under 38 CFR part 3, subpart B. No 
substantive changes were made pursuant to this comment, as legislative 
action would be required to amend the two-year time limit. But in 
reviewing this comment, VA did discover a technical error in the 
proposed changes to 38 CFR 3.1703(a)(1), which VA corrects in this 
final rule by removing an erroneous cross-reference to 38 CFR 
3.1706(b), as described below.
    Per 38 U.S.C. 2304, the two-year time limit to submit a claim for 
non-service-connected burial benefits applies to applications for 
payments under 38 U.S.C. 2303(a)(2)(B) and (C). This time limit does 
not apply to 38 U.S.C. 2303(a)(2)(A), which pertains to Veterans who 
die of a non-service-connected disability while hospitalized by VA 
(i.e., in a VA facility as defined in 38 U.S.C. 1701(3) to which the 
deceased Veteran was properly admitted for hospital, nursing home, or 
domiciliary care under 38 U.S.C. 1710 or 1711(a), or in an institution 
at which the deceased Veteran was, at the time of death, receiving 
hospital care in accordance with 38 U.S.C. 1703A, 8111, and 8153, 
nursing home care under 38 U.S.C. 1720, or nursing home care for which 
payments are made under 38 U.S.C. 1741).
    VA's proposed changes to 38 CFR 3.1703(a)(1) included cross-
references to 38 CFR 3.1705(b) and Sec.  3.1708(b)--the implementing 
regulatory provisions for 38 U.S.C. 2303(a)(2)(B) and (C), 
respectively, for which 38 U.S.C. 2304's two-year time limit applies. 
However, VA erroneously proposed to also include a cross-reference to 
38 CFR 3.1706(b), the implementing regulatory provision for 38 U.S.C. 
2303(a)(2)(A), pertaining to Veterans who die of a non-service-
connected disability while hospitalized by VA. Because 38 U.S.C. 2304's 
two-year time limit does not apply to 38 U.S.C. 2303(a)(2)(A), VA erred 
by proposing to include the corresponding regulatory provision, 38 CFR 
3.1706(b), in 38 CFR 3.1703(a)(1)'s description of the circumstances in 
which the statutory two-year time limit applies. Accordingly, VA has 
removed the reference to 38 CFR 3.1706 in 38 CFR 3.1703(a)(1), as no 
time limit applies to a claim for the non-service-connected burial 
allowance for a Veteran who died while hospitalized by VA.
    Finally, VA makes one clarifying change to 38 CFR 3.1704 (Burial 
allowance based on service-connected death). VA revises paragraph 
(c)(2)'s reference to 38 CFR 3.1707 to specifically reference 38 CFR 
3.1707(b), because a claim for the plot or interment allowance for 
service-connected death is payable under 38 CFR 3.1707(b) but is not 
payable under 38 CFR 3.1707(c). Under Sec.  3.1707(c)(1), the plot or 
interment allowance payable based on burial in other than a State or 
Tribal veterans cemetery requires a veteran to be eligible for a burial 
allowance based on non-service-connected death under Sec.  3.1705.
    In summary, VA adopts the proposed rule as final, except for the 
technical amendments to 38 CFR 3.1703 and 3.1704 as described above.

Executive Orders 12866, 13563 and 14094

    Executive Order 12866 (Regulatory Planning and Review) directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, when regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, and other advantages; 
distributive impacts; and equity). Executive Order 13563 (Improving 
Regulation and Regulatory Review) emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. Executive Order 14094 (Executive Order on 
Modernizing Regulatory Review) supplements and reaffirms the 
principles, structures, and definitions governing contemporary 
regulatory review established in Executive Order 12866 of September 30, 
1993 (Regulatory Planning and Review), and Executive Order 13563 of 
January 18, 2011 (Improving Regulation and Regulatory Review). The 
Office of Information and Regulatory Affairs has determined that this 
rulemaking is a significant regulatory action under Executive Order 
12866, as amended by Executive Order 14094. The Regulatory Impact 
Analysis associated with this rulemaking can be found as a supporting 
document at www.regulations.gov.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). As this final rulemaking will expand and increase benefits, it 
will not have a significant economic impact on a substantial number of 
small entities as the benefits received by the entities entitled to 
them were found to be de minimis. Therefore, pursuant to 5 U.S.C. 
605(b), the initial and final regulatory flexibility analysis 
requirements of 5 U.S.C. 603 and 604 do not apply.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This final rule includes provisions constituting revisions to a 
couple of current/valid collections of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3521). The revisions also require 
approval by the Office of Management and Budget (OMB). Accordingly, 
under 44 U.S.C. 3507(d), VA has submitted a copy of this rulemaking 
action to OMB for review and approval.
    OMB has received the revised collections of information. OMB's 
receipt of the revised collections of information is not an approval to 
conduct or sponsor an information collection under the Paperwork 
Reduction Act of 1995. In accordance with 5 CFR 1320, the revised 
collections of information associated with this rulemaking are not 
approved by OMB at this time. OMB's approval of the revised collections 
of information will occur within 30 days after the Final rulemaking 
publishes. If OMB does not approve the revised collections of 
information as requested, VA will immediately remove the provision 
containing a revised collection of information or take such other 
action as is directed by OMB.
    The revised collections of information contained in 38 CFR 3.1700, 
3.1701, 3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 
3.1711 are described immediately following this paragraph, under its 
respective title.
    Title: Application for Burial Benefits (Under 38 U.S.C. Chapter 
23).

[[Page 78253]]

    VA Form No: 21P-530EZ.
    OMB Control No: 2900-0003.
    CFR Provisions: 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704, 
3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711.
     Summary of revised collection of information: The revised 
collection of information in 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 
3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709, and 3.1711 will require 
the respondent to provide information indicating whether the Veteran 
was buried in a covered Veterans' cemetery.
     Description of need for information and use of 
information: VA, through the Veterans Benefits Administration (VBA), 
administers an integrated program of benefits and services, established 
by law, for Veterans, service personnel, and their dependents and/or 
beneficiaries. Under the authority of 38 U.S.C. 2302, 2303, 2304, 2307, 
and 2308, VA will pay burial benefits upon the death of a Veteran to 
certain eligible claimants. The information will be used by VA to 
determine if the claimant is eligible to receive expanded 
transportation benefits due to the Veteran's burial in a covered 
Veterans' cemetery.
     Description of likely respondents: The respondent 
population for VA Form 21P-530EZ will be primarily composed of 
survivors of deceased Veterans establishing eligibility to VA burial 
benefits.
     Estimated number of respondents: 132,055 per year.
     Estimated frequency of responses: One time per year.
     Estimated average burden per response: 30 minutes.
     Estimated total annual reporting and recordkeeping burden: 
66,028 burden hours (132,055 x 30/60).
     Estimated cost to respondents per year: VA estimates the 
annual cost to respondents to be $2,078,561.44 (66,028 burden hours x 
$31.48 per hour).
    * To estimate the total information collection burden cost, VA used 
the 2023 Bureau of Labor Statistics (BLS) mean hourly wage for hourly 
wage for ``all occupations'' of $31.48 per hour. This information is 
available at https://www.bls.gov/oes/current/oes_nat.htm#13-0000.
    The revised collection of information contained in 38 CFR 3.1700, 
3.1701, 3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 
3.1711 is described immediately following this paragraph, under its 
respective title.
    Title: State or Tribal Organization Application for Interment 
Allowance (Under 38 U.S.C. Chapter 23).
    VA Form No: 21P-530a.
    OMB Control No: 2900-0565.
    CFR Provisions: 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704, 
3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711.
     Summary of revised collection of information: The revised 
collection of information in 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 
3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709, and 3.1711 will require 
the respondent to provide information to determine if a Tribal 
organization is eligible for interment allowance for an eligible 
Veteran buried on trust land owned by, or held in trust for, a Tribal 
organization.
     Description of need for information and proposed use of 
information: VA, through VBA, administers an integrated program of 
benefits and services, established by law, for Veterans, service 
personnel, and their dependents and/or beneficiaries. Under the 
authority of 38 U.S.C. 2302, 2303, 2304, 2307, and 2308, VA will pay 
burial benefits upon the death of a Veteran to certain eligible 
claimants. The information will be used by VA to determine if a Tribal 
organization is eligible to receive plot or interment benefit due to 
the Veteran's burial on trust land owned by, or held in trust for, a 
Tribal organization.
     Description of likely respondents: The respondent 
population for VA Form 21P-530a will be composed of individuals from 
State or Tribal Organizations that are applying for benefits to 
establish entitlement to the plot or internment allowance for eligible 
Veterans who have been buried in a State Veterans' cemetery or on 
Tribal Trust land.
     Estimated number of respondents: 33,594 per year.
     Estimated frequency of responses: One time per year.
     Estimated average burden per response: 5 minutes.
     Estimated total annual reporting and recordkeeping burden: 
The burden hours are estimated to be 2,800 (33,594 x 5/60).
     Estimated cost to respondents per year: VA estimates the 
annual cost to respondents to be $88,144 (2,800 burden hours for 
respondents x $31.48 per hour).
    * To estimate the total information collection burden cost, VA used 
the 2023 Bureau of Labor Statistics (BLS) mean hourly wage for hourly 
wage for ``all occupations'' of $31.48 per hour. This information is 
available at https://www.bls.gov/oes/current/oes_nat.htm#13-0000.

Congressional Review Act

    Pursuant to Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 
801 et seq.), the Office of Information and Regulatory Affairs 
designated this rule as not satisfying the criteria under 5 U.S.C. 
804(2).

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved and signed 
this document on September 19, 2024, and authorized the undersigned to 
sign and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Luvenia Potts,
Regulation Development Coordinator Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 3 as set forth below:

PART 3--ADJUDICATION

Subpart B--Burial Benefits

0
1. The authority citation for part 3, subpart B, is revised to read as 
follows:

    Authority: 105 Stat. 386, 38 U.S.C. 501(a), 2303-2308, unless 
otherwise noted.


0
2. Amend Sec.  3.1700 by revising paragraph (b) to read as follows:


Sec.  3.1700  Types of VA burial benefits.

* * * * *
    (b) Definitions. For the purposes of this subpart:
    (1) Burial means all the legal methods of disposing of the remains 
of a deceased person, including, but not limited to, cremation, burial 
at sea, and medical school donation.
    (2) Covered veterans' cemetery is a designation for an eligible 
cemetery considered in the determination of transportation benefits 
under Sec.  3.1709 that meets the following criteria:
    (i) A deceased veteran as described in 38 U.S.C. 2308(b) is 
eligible to be buried within the cemetery;
    (ii) The cemetery is either owned by a State or is on trust land 
owned by, or held in trust for, a Tribal organization; and
    (iii) The cemetery is one for which the Secretary has made a grant 
under 38 U.S.C. 2408.
* * * * *

0
3. Amend Sec.  3.1701 by:
0
a. Removing the citation ``38 U.S.C. 2302'' and adding in its place 
``38 U.S.C. 2303''; and

[[Page 78254]]

0
b. Revising the authority citation at the end of the section.
    The revision reads as follows:


Sec.  3.1701  Deceased veterans for whom VA may provide burial 
benefits.

* * * * *

(Authority: 38 U.S.C. 101(2), 2303, 2307, 2308)


0
4. Amend Sec.  3.1702 by revising paragraphs (a)(2), (b)(1) 
introductory text, (c)(2) introductory text, and the authority citation 
at the end of the section to read as follows:


Sec.  3.1702  Persons who may receive burial benefits; priority of 
payments.

* * * * *
    (a) * * *
* * * * *
    (2) VA may grant additional burial benefits, including the plot or 
interment allowance under Sec.  3.1707, the transportation benefit 
under Sec.  3.1709, and the service-connected burial allowance under 
Sec.  3.1704, to the surviving spouse or any other eligible person in 
accordance with paragraph (b) of this section and based on a claim 
described in Sec.  3.1703.
    (b) * * *
    (1) Except for claims a State, an agency or political subdivision 
of a State, or a Tribal organization files under Sec.  3.1707 or Sec.  
3.1708, VA will pay, upon the death of a veteran, the first living 
person to file of those listed in paragraphs (b)(1)(i) through (v) of 
this section:
* * * * *
    (c) * * *
* * * * *
    (2) Claims for the plot or interment allowance (except for claims 
filed by a State, an agency or political subdivision thereof, or a 
Tribal organization) under Sec.  3.1707 may be executed by:
* * * * *

(Authority: 38 U.S.C. 2303, 2307, 2308)


0
5. Amend Sec.  3.1703 by revising paragraphs (a)(1) and (b)(2) to read 
as follows:


Sec.  3.1703  Claims for burial benefits.

    (a) * * *
    (1) General rule. Except as provided in paragraph (a)(2) of this 
section, VA must receive a claim for the non-service-connected burial 
allowance for veterans described within Sec.  3.1705(b) or Sec.  
3.1708(b) no later than 2 years after the burial of the veteran. There 
are no other time limitations to file claims for burial benefits under 
subpart B of this part.
* * * * *
    (b) * * *
    (2) Payment for transportation expenses. In order to pay 
transportation costs, VA must receive supporting documentation, 
preferably on letterhead, showing who incurred the costs, the name of 
the deceased veteran, the specific transportation expenses incurred, 
and the dates of the services rendered.
* * * * *

0
6. Amend Sec.  3.1704 by revising paragraphs (c)(1) and (2) to read as 
follows:


Sec.  3.1704  Burial allowance based on service-connected death.

* * * * *
    (c) * * *
    (1) VA may pay the transportation benefit under Sec.  3.1709; and
    (2) VA may pay the plot or interment allowance under Sec.  
3.1707(b).
* * * * *

0
7. Amend Sec.  3.1705:
0
a. In paragraph (a), by removing the citation ``38 U.S.C. 2302'' and 
adding in its place ``38 U.S.C. 2303''; and
0
b. By revising paragraph (e) and the authority citation at the end of 
the section.
    The revisions read as follows:


Sec.  3.1705  Burial allowance based on non-service-connected death.

* * * * *
    (e) Additional benefits available based on non-service-connected 
death. In addition to the non-service-connected burial allowance 
authorized by this section:
    (1) VA may pay the transportation benefit under Sec.  3.1709; and
    (2) VA may pay the plot or interment allowance under Sec.  3.1707.

(Authority: 38 U.S.C. 2303, 2304, 2308)


0
8. Amend Sec.  3.1706 by revising paragraphs (d)(1) and (2) and the 
authority citation at the end of the section to read as follows:


Sec.  3.1706  Burial allowance for a veteran who dies while 
hospitalized by VA.

* * * * *
    (d) * * *
    (1) VA may pay the transportation benefit under Sec.  3.1709; and
    (2) VA may pay the plot or interment allowance under Sec.  3.1707.

(Authority: 38 U.S.C. 2303, 2308)


0
9. Amend Sec.  3.1707 by revising paragraph (b) and the paragraph 
heading to paragraph (c) to read as follows:


Sec.  3.1707  Plot or interment allowances for burial in a State 
veterans cemetery or other cemetery.

* * * * *
    (b) Plot or interment allowance for burial in a State or Tribal 
veterans cemetery. VA will pay the plot or interment allowance in the 
amount specified in 38 U.S.C. 2303(b)(1) (without regard to whether any 
other burial benefits were provided for that veteran) to a State, an 
agency or political subdivision of a State, or a Tribal organization 
that provided a burial plot or interment for the veteran without charge 
if the State, agency or political subdivision of the State, or Tribal 
organization:
    (1) Is claiming the plot or interment allowance for burial of the 
veteran in a cemetery, or section of a cemetery, owned by the State, 
agency or subdivision of the State, or on trust land owned by, or held 
in trust for, a Tribal organization;
    (2) Did not charge for the expense of the plot or interment; and
    (3) Uses the cemetery or section of a cemetery solely for the 
interment of:
    (i) Persons eligible for burial in a national cemetery; and
    (ii) In a claim based on a veteran's death after October 31, 2000, 
either:
    (A) Deceased members of a reserve component of the Armed Forces not 
otherwise eligible for interment in a national cemetery;
    (B) Deceased former members of a reserve component of the Armed 
Forces not otherwise eligible for interment in a national cemetery who 
were discharged or released from service under conditions other than 
dishonorable; or
    (C) Individuals described in 38 U.S.C. 2408(i)(2).
    (c) Plot or interment allowance payable based on burial in other 
than a State or Tribal veterans cemetery. * * *
* * * * *

0
10. Amend Sec.  3.1708:
0
a. In paragraph (a), by removing the citation ``38 U.S.C. 2302'' and 
adding in its place ``38 U.S.C. 2303''; and
0
b. By revising paragraph (c) and the authority citation at the end of 
the section.
    The revisions read as follows:


Sec.  3.1708  Burial of a veteran whose remains are unclaimed.

* * * * *
    (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 Sec.  3.1709.
* * * * *

(Authority: 38 U.S.C. 2303, 2308)


0
11. Amend Sec.  3.1709 by:
0
a. Revising the section heading and paragraphs (a), (b), and (c); and
0
b. Removing the word ``reimburse'' and adding in its place ``pay'' In 
paragraph (d)(1);

[[Page 78255]]

    The revisions read as follows:


Sec.  3.1709  Transportation expenses for burial.

    (a) General. VA will pay the transportation expenses, subject to 
paragraph (d) of this section, of a veteran's remains to the place of 
burial for a veteran described in paragraph (b) of this section or for 
burial in a national cemetery or a covered veterans' cemetery, as 
defined in Sec.  3.1700(b)(2), for a veteran described in paragraph (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) 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), or a veteran who died 
of a service-connected disability and who also satisfies the criteria 
listed under 38 CFR 3.1705(b)).
    (ii) A veteran covered under 38 CFR 3.1706(b).
    (iii) A veteran covered under 38 CFR 3.1708(b).
    (2) A payment authorized under paragraph (b) of this section shall 
not duplicate any payment authorized under paragraph (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) 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).
    (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) of this 
section; or
    (ii) Died outside of a State.
    (2) The amount payable under this paragraph (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) 
of this section.
    (3) A payment authorized under this paragraph (c) shall not 
duplicate any payment authorized under paragraph (b) of this section.
* * * * *

0
12. Amend Sec.  3.1711 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing the citation ``38 U.S.C. 2302'' and adding in its place 
``38 U.S.C. 2303'' In paragraph (b)(1); and
0
c. Revising the authority citation at the end of the section.
    The revisions read as follows:


Sec.  3.1711  Effect of contributions by government, public, or private 
organizations.

    (a) Contributions by government or employer. With respect to claims 
for a plot or interment allowance under Sec.  3.1707, if VA has 
evidence that the U.S., a State, any agency or political subdivision of 
the U.S. or of a State, Tribal organization, or the employer of the 
deceased veteran has paid or contributed payment to the veteran's plot 
or interment expenses, VA will pay the claimant up to the lesser of:
* * * * *

(Authority: 38 U.S.C. 2303)


[FR Doc. 2024-21864 Filed 9-24-24; 8:45 am]
BILLING CODE 8320-01-P