Keith Mack
Veterans, service members, and some family members may be eligible for burial in a VA national cemetery. The VA provides burial benefits, including a gravesite, perpetual care, a government headstone, and a burial flag. These benefits are available to spouses and dependents of veterans, including common-law spouses, as long as they weren't convicted of specific crimes or discharged dishonorably.
| Characteristics | Values |
|---|---|
| Who is eligible for burial in a VA national cemetery? | Veterans, service members, spouses, and dependents |
| What are the requirements for eligibility? | The person qualifying for burial benefits is a Veteran who didn’t receive a dishonorable discharge, or the person is the spouse or surviving spouse of a Veteran (even if they remarried after the Veteran’s death), or the person is the minor child of a Veteran |
| What burial benefits are available? | A gravesite in any of the VA national cemeteries with available space, opening and closing of the grave, perpetual care, a government headstone, marker, or medallion, a burial flag, and a Presidential Memorial Certificate, at no cost to the family |
| What is the process for determining eligibility in advance? | Apply for a pre-need determination of eligibility by filling out VA Form 40-10007 and submitting it to the National Cemetery Scheduling Office |
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What You'll Learn
Burial benefits for spouses
In the United States, the Social Security Administration (SSA) recognises common-law marriages for the purpose of benefits, even if the couple subsequently moves to a state that does not allow such marriages. To be eligible for these benefits, the couple must have established a valid common-law marriage in a state that permitted it. This includes fulfilling requirements such as living together, sharing finances, and holding themselves out as a married couple to their community.
Upon the death of one spouse, the surviving common-law spouse may be entitled to inheritance, including property and assets, even without a will. Additionally, they may be eligible for Social Security survivors' benefits, including continued financial support and access to retirement accounts or pension plans. These benefits are designed to provide financial security and help manage the challenges arising from the loss of a partner.
When it comes to burial in a VA national cemetery, veterans, service members, and their spouses may be eligible for burial benefits. This includes spouses of veterans, even if they remarried after the veteran's death. The VA may provide a free headstone or marker for eligible veterans buried worldwide, but it does not cover the cost of placing the marker. While dependents are not eligible for this specific benefit, some states may provide headstones for dependents, and burial in a VA cemetery may be extended to them.
Cultural, religious, and emotional factors also play a significant role in burial decisions for spouses. Some traditions, such as Christian and Jewish customs, support the idea of married couples being buried together in shared burial plots, reflecting the enduring nature of their bond. Practical considerations, such as plot availability, cost, and the impact on family members, are also important factors to ensure that the choice aligns with financial and logistical needs.
While common-law marriages offer similar benefits to traditional marriages, it is important to note that disputes over the existence of the marriage can arise, particularly during divorce or when claiming inheritance. In such cases, substantial evidence, such as testimonies, financial records, and other documents, may be required to prove the marital status of the couple.
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Burial eligibility for veterans
Burial benefits for veterans vary depending on their discharge status, when and where they served, and whether they are buried in a private or national cemetery.
Burial Benefits for Veterans in a Private Cemetery
Veterans buried in a private cemetery may receive a government headstone or marker, a burial flag, and a Presidential Memorial Certificate, at no cost to the family. Some veterans may also be eligible for Burial Allowances. There are no benefits available to spouses and dependents buried in a private cemetery.
Burial Benefits for Veterans in a National Cemetery
The Department of Veterans Affairs (VA) offers burial in national cemeteries for qualifying veterans and spouses. In some cases, their child may also be eligible. To qualify for burial in a national cemetery, a veteran or their dependents must meet the VA's eligibility requirements.
Veterans, service members, and some family members may be eligible for burial in a VA national cemetery. Veterans, service members, spouses, and dependents may be eligible for burial in a VA national cemetery, as well as other benefits, if they meet one of the following requirements:
- The person qualifying for burial benefits is a Veteran who didn’t receive a dishonourable discharge. Undesirable, bad conduct, and any other type of discharge other than honorable may or may not qualify the individual for Veterans benefits, depending on a determination made by a VA Regional Office.
- The person qualifying for burial benefits is a service member who died while on active duty, active duty for training, or inactive duty for training.
- The person qualifying for burial benefits is the spouse or surviving spouse of a Veteran (even if they remarried after the Veteran’s death).
- The person qualifying for burial benefits is the minor child of a Veteran (even if the Veteran died first) or, in some cases, the unmarried adult dependent child of a Veteran.
The VA may provide a free headstone or marker for all eligible veterans buried at any cemetery worldwide; however, it doesn't pay the cost of placing the marker. Some states will reimburse this cost. Dependents aren't eligible for this benefit; however, some states may provide a headstone to dependents.
Other eligibility requirements for burial in a VA national cemetery include:
- A commissioned officer of the National Oceanic and Atmospheric Administration who died under honorable conditions while performing authorized travel to or from a training camp or cruise.
- A member of the Reserve Officers’ Training Corps who died under honorable conditions while attending an authorized training camp or on an authorized cruise.
- A former spouse of an eligible veteran whose marriage ended by annulment or divorce, if not otherwise eligible.
- A Philippine Armed Forces Veteran who was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States at the time of their death and resided in the United States at the time of their death.
- A citizen of the United States who, during any war in which the United States has or may be engaged, served in the Armed Forces of any Government allied with the United States during that war, whose last active service was terminated honorably by death or otherwise, and who was a citizen of the United States at the time of entry into such service and at the time of death.
Ineligibility for Burial Benefits
People are not eligible for burial benefits if:
- They were ordered to report to an induction station, but were discharged at that point and never actually entered military service.
- They have been convicted of a federal or state capital crime and may receive a sentence of imprisonment for life or the death penalty—and the conviction is final.
- Clear and convincing evidence shows that they’ve committed a federal or state capital crime, but they couldn’t have a trial due to flight to avoid prosecution or death.
- They were convicted of a Tier III sex offense and sentenced to a minimum of life imprisonment—and the conviction is final.
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Burial eligibility for service members
Burial benefits for service members are available from the Department of Defense (DOD) and the Department of Veterans Affairs (VA). These benefits are also available to veterans and their families.
Service members who die while on active duty are eligible for burial benefits. This includes those who die during active duty training or inactive duty training. Additionally, service members who die while hospitalized or receiving treatment for an injury or illness incurred during their service are also eligible.
The VA provides burial benefits for eligible veterans, including a gravesite at any VA national cemetery, a free government headstone or marker, and burial allowances. The VA also offers urns and commemorative plaques for families who choose cremation. The DOD and VA ensure that the remains of service members who die on active duty are handled with dignity, honour, and respect. They also provide support and services for survivors, including mortuary services such as the recovery, evacuation, transportation, and identification of remains.
To be eligible for burial benefits, service members must not have received a dishonorable discharge. A dishonorable discharge makes a service member ineligible for burial benefits from the VA and DOD. Additionally, those convicted of certain crimes, such as federal or state capital crimes or Tier III sex offenses, may be ineligible for burial in a VA national cemetery.
In terms of family members, the spouse or surviving spouse of an eligible veteran is eligible for interment in a national cemetery, even if the veteran is not buried there. This includes subsequent remarriage to a non-veteran if the spouse's death occurred on or after January 1, 2000. The minor children of eligible veterans are also eligible for burial benefits, and in some cases, unmarried adult dependent children may also qualify.
To request a determination of eligibility for burial in a VA national cemetery, individuals can apply online or fax discharge documentation to 1-866-900-6417, followed by a phone call to 1-800-535-1117.
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Burial eligibility for family members
Burial benefits are available for spouses and dependents of veterans and service members buried in a national cemetery. Eligible spouses and dependents may be buried with the veteran, even if they predecease the veteran. The family of the veteran does not have to pay for the burial, perpetual care, or the spouse or dependent's name and date of birth and death inscribed on the veteran's headstone.
The VA may provide a free headstone or marker for all eligible veterans buried at any cemetery worldwide. However, the VA does not pay the cost of placing the marker. Dependents are not eligible for this benefit, but some states may provide a headstone to dependents. The VA will furnish a burial flag for deceased veterans who served honourably in the US Armed Forces.
Veterans, service members, and some family members may be eligible for burial in a VA national cemetery. Veterans and service members who died while on active duty or active or inactive duty for training are eligible for burial benefits. The spouse or surviving spouse of a veteran is eligible, even if they remarried after the veteran's death. The minor child of a veteran or, in some cases, the unmarried adult dependent child of a veteran is also eligible.
Former spouses of eligible individuals whose marriages have been terminated by annulment or divorce may be eligible for burial in a VA national cemetery if they are not otherwise eligible. Other family members of an eligible person may be buried in a VA national cemetery except those defined as eligible in Section III, paragraph g (spouses and dependents).
Federal officials may not inter in Veterans cemeteries persons who are shown by clear and convincing evidence to have committed a federal or state capital crime but were unavailable for trial due to death or flight to avoid prosecution. This prohibition is also extended to furnishing a burial flag. Persons convicted of certain sex offences are prohibited from interment or memorialization in a VA national cemetery.
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Burial eligibility for dishonourably discharged persons
Burial in a VA national cemetery is a benefit that is extended to veterans, service members, and some family members. However, eligibility for burial in a VA cemetery is not granted to those who have received a dishonourable discharge.
A dishonourable discharge is a type of military separation given as a punishment for a felony-level offence committed during service. It is considered the most severe type of military discharge. If an individual receives a dishonourable discharge, the US government does not legally consider them a veteran, and they are, therefore, generally ineligible for veteran benefits. This includes federal benefits and many state-level benefits.
Veterans who have received a less-than-honourable discharge may appeal to have their discharge status reviewed by the military. If the VA makes a positive determination, the veteran becomes eligible for benefits. However, some crimes, such as desertion or spying, are permanent bars to benefits.
In addition to those with dishonourable discharges, the following people are also ineligible for burial in a VA national cemetery:
- Those who were ordered to report to an induction station but were discharged without ever entering military service
- Those convicted of a federal or state capital crime, or those who have committed such a crime but could not be tried due to death or flight to avoid prosecution
- Those convicted of a Tier III sex offence and sentenced to a minimum of life imprisonment
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Frequently asked questions
Veterans, service members, spouses, and dependents may be eligible for burial in a VA national cemetery if they meet one of the following requirements:
- The person is a Veteran who didn't receive a dishonorable discharge.
- The person is a service member who died while on active duty, active or inactive duty for training.
- The person is the spouse or surviving spouse of a Veteran (even if they remarried after the Veteran's death).
- The person is the minor or unmarried adult dependent child of a Veteran.
Burial benefits for spouses and dependents buried in a VA national cemetery include burial with the Veteran, perpetual care, and the spouse or dependent's name and date of birth and death inscribed on the Veteran's headstone, at no cost to the family. The VA may also provide a free headstone or marker for eligible veterans buried at any cemetery worldwide, although it does not pay for the cost of placing the marker.
You can apply for pre-need determination of eligibility for burial in a VA national cemetery by filling out VA Form 40-10007 and faxing it, along with any supporting documents, to the National Cemetery Scheduling Office. If the person has already passed away, you will need to schedule a burial instead.
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