Burial Benefits

Burial Benefits

Burial Allowance for Veterans, Wives or Widows
SDCL 33-19-2 & 33-19-3

A payment of up to $100 may be paid by the state to help defray the burial and funeral expenses of any honorably discharged veteran or the wife, widow or widower of a veteran when the estate, or immediate family, of the deceased is lacking in funds to pay the expenses. The veteran must have been a citizen of the United States for one year preceding entrance into military service or one year preceding the death. This payment CANNOT be made to another unit of government. The surviving spouse, or relatives, must furnish an affidavit to the C/TVSO that sufficient funds are not available for payment of the expenses.

MVA/DVA B-2 (Rev. 10/94) "Application for Veterans $100 Burial Allowance," MVA/DVA 135 (Rev. 10/94) "Affidavit," and a copy of the funeral bill must be submitted to the Pierre office within one year from the date of the burial.

Headstone Setting Fee
SDCL 33-19-5

The state will pay $40 towards the cost of setting a government headstone or marker at the grave of a veteran who was a resident of this state for one year preceding entrance into the military service or one year preceding death.

MVA/DVA B-1 (Rev. 10/94) "Application for Veterans $40 Headstone Setting Fee" must be submitted to the Pierre Office within one year from the date of setting of the headstone or marker.

VA Burial Benefits

To be eligible for VA burial benefits, the veteran must have been discharged or released from military service under conditions other than dishonorable. Additionally, the burial and plot allowance entitlements differ according to whether the veteran’s death was service connected or non-service connected. The monetary burial benefits that are payable upon the death of an eligible veteran can be provided for any or all three of the following:

1. Burial allowance: A reimbursement for expenses incurred in the burial of an eligible veteran. The amount of payment is as follows:

(a) If the death is service connected, the maximum payment is $1500.

(b) If the death is non-service connected, the maximum payment is $300.

If the veterans’ death was not service connected, ONE of the following eligibility requirements must be met. The veteran must have:

(a) been in receipt of VA disability pension or compensation at the time of death.

(b) been in receipt of military retirement pay in lieu of VA compensation.

(c) had a claim pending with the VA for disability benefits and was subsequently determined to be eligible from a date prior to the date of his or her death.

(d) died while hospitalized by the VA or while on approved travel for VA medical care.

(e) been indigent. (An indigent veteran must have been a veteran of a war, or discharged from active duty for a disability incurred or aggravated in the line of duty).

2. Plot/interment allowance: A reimbursement of plot or interment expenses to a maximum of $150. The plot allowance is NOT payable when burial is in a national cemetery. Prior to November 1, 1990, all veterans who served during wartime were entitled to the plot allowance. Since that date, to qualify for the plot allowance the veteran must have:

(a) met any of the above basic eligibility requirements for the burial allowance, OR

(b) been discharged from active duty for a disability incurred or aggravated in the line of duty.

3. Transportation costs: The actual amount of payment is based on a "reasonable charge" for transportation service from the place of death to place of burial. Any claim for transportation costs must show the itemized charges made for all transportation expenses. The VA may pay a transportation allowance if ONE of the following requirements is met:

(a) The veteran died while under VA medical care or on authorized travel for such care. The VA may pay the cost of transportation from the place of death to the place of burial. (38 CFR 3.1600(c))

OR,

The deceased veteran is to be buried in a national cemetery and he or she died of a service connected condition or, at the time of death, had a compensable service connected disability.

The amount paid may not exceed the cost of transporting the body from the place of death to the National cemetery nearest the veteran’s last place of residence. (38 CFR 3.1600(g))

National Cemeteries

The National Cemetery System comprises 114 national cemeteries in 38 states and Puerto Rico. It was established by Congress and approved by President Abraham Lincoln in 1862 to provide for the proper burial and registration of graves of Civil War dead. Burial in a national cemetery is open to all members of the Armed Forces and veterans discharged under conditions other than dishonorable, as well as their spouses, unremarried widow or widower and, under certain conditions, their children.

Veterans and members of the Armed Forces:

Veterans who were discharged under conditions other than dishonorable and, members of the Armed Forces who die while on active duty, are eligible for burial in a National Cemetery.

Those who first entered active duty after September 7, 1980 must meet the minimum active duty requirement which states that the veteran must have completed at least:

(a) 24 months of active duty, OR

(b) the full period for which "called" or ordered to active duty.

Members of the Selected Reserve:

National Guard or Reserve members must meet ONE of the following criteria:

1.Was eligible for military retirement pay based on service in the Selected Reserve.

2.Was disabled or died from a disease or injury incurred or aggravated in the line of duty while on active duty for training.

3.Was disabled or died from an injury incurred or aggravated in the line of duty while on inactive duty for training.

4.Died while hospitalized or undergoing treatment at VA expense for an injury or disease contracted or incurred while performing active duty for training, or inactive duty for training, or while hospitalized by the government for that treatment.

5.Was a member of the Reserve Officers’ Training Corps who died while attending a training camp, while on authorized travel for training, or while hospitalized or undergoing treatment at VA expense for injury or disease contracted or incurred while in training.

Dependents:

A veteran’s spouse and certain dependent children may also be eligible for burial in a national cemetery. Some important facts to know are:

Spouse:

(a) It is not required that the veteran predecease the spouse.

(b) It is not required that the veteran also be buried in the same national cemetery.

Remarried spouses may be eligible if the subsequent marriage was terminated by death or divorce prior to 11/1/90.

Children eligible for burial include those who at the time of death were:

(a) Under the age of 18

(b) 18 - 20 years of age and attending school

Headstones & Markers

Both veterans and deceased members of the Armed Forces are entitled to a Government headstone or marker regardless of the place of burial. The basic requirements are:

The grave of the veteran must be unmarked.

The veteran’s service could have been either during peacetime or wartime.

The veteran’s discharge must have been under conditions other than dishonorable.

If the deceased was serving in the US Armed Forces at the time of death, his or her service must have been under honorable conditions.

If the veteran’s active duty began after September 7, 1980, the minimum active duty service requirement must be met.

Members of the Selected Reserve:

National Guard or Reserve members must meet ONE of the following criteria:

1.Was eligible for military retirement pay based on service in the Selected Reserve.

2.Was disabled or died from a disease or injury incurred or aggravated in the line of duty while on active duty for training.

3.Was disabled or died from an injury incurred or aggravated in the line of duty while on inactive duty for training.

Memorial Monuments:

The VA will also provide a "memorial monument" for eligible veterans whose remains are not buried. This includes those:

(a) whose bodies were buried at sea

(b) whose bodies were donated to science

Standard inscription:

Three inscription items which are mandatory and must be included on all government monuments are:

(a) the deceased veteran’s name

(b) branch of service

Previously furnished government monuments may be replaced at government expense if they are:

(a) deteriorated

(b) illegible

(d) vandalized

A monument will also be replaced if:

(a) it is not the one specified by the applicant, OR

(b) the inscription is incorrect, OR

Burial Flags

Burial flags are issued on behalf of the VA to honor the memory of a veteran who has served our country. An important fact to remember is that only one flag is issued per deceased veteran and, if the flag is subsequently damaged or destroyed, it cannot be replaced. The burial flag is normally given to the next of kin or a close friend. The VA also issues flags for veterans who are missing in action and are later presumed dead. To be eligible for a burial flag, the deceased veteran must have been discharged under conditions other than dishonorable. In addition, the veteran must also meet at least ONE of the following:

(a) be a wartime veteran, OR

(b) a veteran who served after January 31, 1995, OR

(c) a veteran who served at least one enlistment during peacetime, unless discharged or released sooner for disability incurred in the line of duty.

Individuals who served in the National Guard or Selected Reserves may also qualify if they meet one of the following requirements:

(a) had a service connected disability, OR

(b) effective October 28, 1992, they have completed 20 years of creditable service for military retired pay purposes.