Citation Nr: A21016452
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 200309-170836
DATE: October 6, 2021

ORDER

Entitlement to reimbursement of burial transportation expenses in the amount of $712.50 is granted. 

FINDINGS OF FACT

1. The Veteran died in May 2019 and his remains were unclaimed. 

2. The appellant's funeral home incurred transportation expenses of $712.50 related to the Veteran's burial in a national cemetery. 

CONCLUSION OF LAW

The criteria are met to establish entitlement to reimbursement of transportation expenses. 38 U.S.C. § 2302; 38 C.F.R. §§ 3.1708(c), 3.1709.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1977 to June 1984. He died in May 2019. The appellant is the funeral home that incurred expenses related to this Veteran's burial in a national cemetery. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2019 administrative decision issued by the Department of Veterans Affairs that denied entitlement to reimbursement of transportation expenses.  

Entitlement to reimbursement of burial transportation expenses is granted.

VA may reimburse for transportation expenses related to burial in a national cemetery for a veteran whose remains are determined to be unclaimed where there is no next of kin or other person claiming the remains of the deceased person and there are not sufficient resources available in the estate of the deceased veteran to cover the burial and funeral expenses. 38 C.F.R. § 3.1708. 

Here, the evidence clearly reveals that the Veteran was formerly homeless with limited financial resources. His bodily remains were unclaimed after his death as indicated on the application for burial benefits (VA Form 21P-530). The appellant funeral home (or a staff person thereof), rather than any family or friend, is listed as the informant of the death for purposes of obtaining a certificate of death, further supporting that the Veteran's remains were unclaimed. 

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Additionally, the official Certificate of Death confirms that the Veteran was buried in a national cemetery. 

The Board finds that the Veteran's remains were unclaimed and that as such, transportation expenses related to his burial in a national cemetery are warranted. The Board further expresses gratitude and appreciation to the appellant for ensuring the final dignity of burial for this Veteran on behalf of a grateful nation.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McDonald, 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.