38 USC 2308 - Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

U.S Code last checked for updates: Nov 22, 2024

§ 2308.

Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

(a)

In General.—

The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available.

(b)

Deceased Veteran Described.—

A deceased veteran described in this subsection is any of the following veterans:

(1)

A veteran who dies as the result of a service-connected disability.

(2)

A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).

(3)

A veteran whom the Secretary determines is eligible for funeral expenses under section 2303 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section.

(c)

Covered Veterans’ Cemetery Defined.—

In this section, the term “covered veterans’ cemetery” means a veterans’ cemetery—

(1)

in which a deceased veteran described in subsection (b) is eligible to be buried;

(2)

that—

(A)

is owned by a State; or

(B)

is on trust land owned by, or held in trust for, a tribal organization; and

(3)

for which the Secretary has made a grant under section 2408 of this title.

(Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§ 2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.)

cite as: 38 USC 2308