Citation Nr: 19148564 Decision Date: 06/20/19 Archive Date: 06/20/19 DOCKET NO. 17-43 844 DATE: June 20, 2019 ORDER The claim of entitlement to a Government-furnished headstone or grave marker is denied. FINDINGS OF FACT The Veteran died in October 1933 and is memorialized by a marked grave in a private cemetery. CONCLUSION OF LAW The criteria for entitlement to a Government-furnished headstone or grave marker for the Veteran’s grave are not met. 38 U.S.C. § 2306; 38 C.F.R. § 38.631. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served from December 1861 to July 1865 in the 10th Independent Battery, Ohio Light Artillery during the Civil War. He died in October 1933. The appellant is the Veteran’s great-great nephew. This appeal to the Board of Veterans’ Appeals (Board) arose from a May 2017 decision in which the Department of Veterans Affairs (VA) National Cemetery Administration (NCA) denied the claim for a Government-furnished headstone or marker. In May 2017, the appellant filed a notice of disagreement (NOD). In May 2017, a statement of the case (SOC) was issued and the appellant filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in August 2017. The appellant asserts entitlement to a Government-furnished headstone or marker to memorialize the deceased Veteran. It is uncontroverted that the Veteran died in October 1933. It is further uncontroverted that the Veteran’s grave is marked and the appellant has not argued that the grave is unmarked. Indeed, in his application, the appellant stated that the Veteran’s grave is currently marked. Governing law provides that (if the individual requesting certified that a headstone or marker will be placed on the grave for which it was requested) VA will furnish a headstone or marker for the grave of a veteran who: (1) died on or after November 1, 1990; (2) is buried in a private cemetery; and (3) was eligible for burial in a national cemetery. See 38 U.S.C. § 2306; 38 C.F.R. § 38.361. Any person classified as a “veteran” is eligible for burial in a national cemetery. 38 U.S.C. § 2402; 38 C.F.R. § 38.620(a). Nothing in the evidence of record indicates that the Veteran died on or after November 1, 1990, or that VA has authority to furnish a Government-furnished headstone or marker for placement on a privately-marked grave in a private cemetery if the Veteran died before November 1, 1990. Because the Veteran died prior to November 1, 1990, and he has a privately-marked grave in a private cemetery, he is not eligible for a Government-furnished headstone or grave marker. While the Board recognizes the honorable service of the Veteran, to particularly include his service during the Civil War, the governing statutes establish very specific eligibility requirements for the provision of Government-furnished headstones or markers. Such authority is prescribed by Congress and implemented via regulations enacted by VA, and neither the agency of original jurisdiction nor the Board is free to disregard laws and regulations enacted for the administration of VA programs. See 38 U.S.C. § 7104(c); 38 C.F.R. § 20.101(a). In other words, the Board is bound by the governing legal authority, and is without authority to grant benefits on an equitable basis. See 38 U.S.C. §§ 503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). As, on these facts, there is no legal basis to award a Government-furnished headstone or grave marker, the appellant’s claim must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 429-30 (1994). JACQUELINE E. MONROE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Michael Sanford, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.