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38 U.S.C. § 2304 — Claims for reimbursement

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2304 — Claims for reimbursement

Applications for payments under [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim) regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran’s discharge from the service, but after the veteran’s death the veteran’s discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.

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Stable record: federal_law:legal_authorities:record_usc_083db4b00875940225b46402
Source file: Laws/federal/codes/united-states-code/title-38/section-2304-claims-for-reimbursement--b246edd5a9.md
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Passage SHA-256: 3e844b697cd080a7576a3bda3f81baafba268f499e11363cce194b64982b88bf

Source location: Title 38, Chapter 23, § 2304; chapter-023-burial-benefits.md

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Applications for payments under [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim) regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran’s discharge from the service, but after the veteran’s death the veteran’s discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 904 — Equipment and weapons

The Secretary shall furnish Department police officers with such weapons and related equipment as the Secretary determines to be necessary and appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2303 — Death from non-service-connected disability; plot allowance

**(a)** (1) When a veteran described in paragraph (2) dies, the Secretary shall— (A) pay the actual cost (not to exceed $700 (as increased from time to time under subsection (c))) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and (B) when such a death occurs in a State, transport the body to the place of burial in the same or any other State. (2) A veteran described in this paragraph is a deceased veteran who is not covered by [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim) and who meets any of the following criteria: (A) The deceased veteran dies in— (i) a facility of the Department (as defined in [section 1701(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/3&num=0&edition=prelim)) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or (ii) an institution at which the deceased veteran was, at the time of death, receiving— (I) hospital care in accordance with sections 1703A, 8111, and 8153 of this title; (II) nursing home care under [section 1720 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720&num=0&edition=prelim); or (III) nursing home care for which payments are made under [section 1741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1741&num=0&edition=prelim). (B) At the time of death, the deceased veteran (including a person who died during a period deemed t

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2303

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 113 — Treatment of certain programs under sequestration procedures

**(a)** The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending: (1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities. (2) Benefits under [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim), relating to burial benefits for veterans who die as the result of a service-connected disability. (3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. (4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities. (5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities. (6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans. **(b)** The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) et seq.) o

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2302 — Repealed. Pub. L. 116–315, title II, § 2202(a)(2), Jan. 5, 2021, 134 Stat. 4984]

### Statutory Notes Section, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 902; Pub. L. 88–359, July 7, 1964, 78 Stat. 296; Pub. L. 89–360, Mar. 7, 1966, 80 Stat. 29; Pub. L. 95–476, title II, § 203(b), Oct. 18, 1978, 92 Stat. 1506; Pub. L. 95–479, title III, § 303(a), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 97–35, title XX, § 2001(a)(1), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97–306, title IV, § 403[(a)], Oct. 14, 1982, 96 Stat. 1443; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2302, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(1), Jan. 10, 2013, 126 Stat. 2420, authorized funeral expenses for a deceased veteran. #### Effective Date of Repeal Repeal of section applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as an Effective Date of 2021 Amendment note under [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section113&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2302

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2304 — Claims for reimbursement

Page 611 TITLE 38—VETERANS’ BENEFITS § 2306 veteran described in subparagraph (A) of section 2303(a)(2) of title 38, United States Code. ‘‘(b) VETERAN DESCRIBED.—A veteran described in this subsection is a veteran who dies in a home or other set- ting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of such title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care described in clause (ii) of such subparagraph [probably means subpar. (A) of sec- tion 2303(a)(2) of title 38, United States Code]. ‘‘(c) EFFECTIVE DATE; APPLICABILITY.—This section shall apply with respect to deaths that occur— ‘‘(1) on or after the date that is 180 days after the date of the enactment of this Act [Jan. 2, 2025]; and ‘‘(2) before October 1, 2026.’’ PLOT AND INTERMENT ALLOWANCES FOR VETERANS BURIED BEFORE MARCH 15, 2022, IN CEMETERIES ON TRUST LAND OWNED BY, OR HELD IN TRUST FOR, TRIBAL ORGANIZATIONS Pub. L. 117–355, § 2, Jan. 5, 2023, 136 Stat. 6278, provided that: ‘‘The Secretary of Veterans Affairs shall pay a plot or interment allowance under paragraph (1) of sec- tion 2303(b) of title 38, United States Code, for a veteran if— ‘‘(1) the veteran was buried, before March 15, 2022, in a cemetery, or in a section of a cemetery, that is on trust land owned by, or held in trust for, a tribal organization; ‘‘(2) the tribal organization that is responsible for operating and maintaining the cemetery, or the sec- tion of cemetery, applies for such allowance; ‘‘(3) a plot or interment allowance was not already paid for the burial of such veteran under paragraph (2) of such section; and ‘‘(4) the burial of the veteran otherwise meets the requirements unde

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