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38 U.S.C. § 2307 — Death from service-connected disability
Federal law — U.S. Code and appendices · legal_authorities
In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under [section 8134(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134/a&num=0&edition=prelim) in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_e4442d8c5d565d46a67a924c
Source file: Laws/federal/codes/united-states-code/title-38/section-2307-death-from-service-connected-disability--65bda8fe96.md
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Passage SHA-256: 674c0dc57e28cc5af09f2c17c9bb5fdefeddc81ee4660f023c01b7e29dd77088
Source location: Title 38, Chapter 23, § 2307; chapter-023-burial-benefits.md
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In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under [section 8134(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134/a&num=0&edition=prelim) in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The assistance authorized by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual has acquired a suitable ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post cemetery.
(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 2402(a)(4), (5), and (6) of this title.
(3) Soldiers of the Union and Confederate Armies of the Civil War.
(4) Any individual described in [section 2402(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a/5&num=0&edition=prelim) who is buried in a veterans’ cemetery owned by a State or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization.
(5) Any individual who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.
**(b)**
(1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under [section 2403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403&num=0&edition=prelim), a veterans’ cemetery owned by a State, a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization, or, in the case of a veteran, in a State, local, or private cemetery.
(2) For purposes of paragraph (1), an eligible in
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2306
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter.
**(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701).
**(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.
**(d) Refundable income tax credits and certain elective payments**
(1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.
(2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter.
**(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary may pay, in addition to any amount paid pursuant to [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, or pursuant to [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2308
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Federal law — U.S. Code and appendices · legal_authorities
Page 617
TITLE 38—VETERANS’ BENEFITS
§ 2307
of 2006 (Public Law 109–461; 120 Stat. 3429) [amending
this section] shall take effect as of November 1, 1990,
and shall apply with respect to headstones and markers
for the graves of individuals dying on or after that
date.’’
Pub. L. 109–461, title IV, § 401(c), Dec. 22, 2006, 120 Stat.
3429, provided that: ‘‘The amendments made by sub-
sections (a) and (b) [amending this section] shall apply
with respect to individuals dying after the date of the
enactment of this Act [Dec. 22, 2006].’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–330 applicable with re-
spect to deaths occurring on or after Dec. 6, 2002, see
section 201(d) of Pub. L. 107–330, set out as a note under
section 112 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by section 502 of Pub. L. 107–103 effective
Nov. 1, 1990, and applicable with respect to headstones
and markers for the graves of individuals dying on or
after that date, see section 203(b) of Pub. L. 110–157, set
out as an Effective Date of 2006 Amendment note above.
Pub. L. 107–103, title V, § 502(d), Dec. 27, 2001, 115 Stat.
995, as amended by Pub. L. 107–330, title II, § 203(a), Dec.
6, 2002, 116 Stat. 2824, provided that: ‘‘The amendments
made by subsections (a) and (b) [amending this section]
shall apply with respect to markers for the graves of
individuals dying on or after September 11, 2001.’’
[Pub. L. 107–330, title II, § 203(b), Dec. 6, 2002, 116 Stat.
2824, provided that: ‘‘The amendment made by sub-
section (a) [amending section 502(d) of Pub. L. 107–103,
set out above] shall take effect as if included in the en-
actment of such section 502.’’]
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–368, title IV, § 401(d), Nov. 11, 1998, 112
Stat. 333
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2307
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.