Citation Nr: 21077417 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 18-29 524 DATE: December 29, 2021 ORDER Eligibility for a Government-furnished memorial headstone or marker for L. C., a Confederate Army soldier, is not established. FINDINGS OF FACT 1. L. C. served in the Confederate Army until his death in July 1864 while a prisoner of war. 2. L. C. is buried in a mass grave in Crown Hill National Cemetery and is marked with a private memorial marker. 3. L. C. is not a veteran for purposes of establishing eligibility for a Government furnished memorial headstone or marker. CONCLUSION OF LAW The criteria for eligibility for a government-furnished memorial headstone or marker have not been met. 38 U.S.C. § 2306; 38 C.F.R. §§ 38.630, 38.361. REASONS AND BASES FOR FINDINGS AND CONCLUSION ELIGIBILITY FOR A GOVERNMENT-FURNISHED MEMORIAL HEADSTONE OR MARKER The Appellant seeks placement of a Government furnished memorial headstone in Carson Chapel Cemetery, Marion, North Carolina, for L. C., a Confederate Army soldier. The Department of Veterans Affairs (VA) shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of soldiers of the Confederate Army. 38 U.S.C. § 2306(a)(3). The Secretary of the Department of VA 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 38 U.S.C. § 2403, a veterans' cemetery owned by a State, a veterans' cemetery of a tribal organization; 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. For purposes of this statute, a "veteran" is an individual who dies in the active military, naval, air, or space service of the United States of America. The remains of an individual shall be considered to be unavailable if the individual's remains have not been recovered or identified; were buried at sea, whether by the individual's own choice or otherwise; were donated to science; or were cremated and the ashes scattered without interment of any portion of the ashes. 38 U.S.C. § 2306(b). VA will furnish, when requested, a burial headstone or marker for the unmarked grave of soldiers of the Union and Confederate Armies of the Civil War, whose graves may be located in any type of non-national cemetery including state, tribal, private, or local government cemeteries. An "unmarked grave" means a grave in a cemetery where a Government-furnished headstone or marker has not been erected or installed at or by the grave, or the condition of a Government-furnished headstone or marker erected or installed at or by the grave warrants replacement; and a privately purchased and durable headstone or marker, from which the buried individual's name (if known) is ascertainable, has not been erected or installed at or by the grave; is damaged beyond repair; has deteriorated to the extent it no longer serves to identify the buried decedent (e.g., identifying elements of an inscription are not legible); or has been stolen or vandalized. 38 C.F.R. § 38.630. VA will furnish, when requested, a memorial headstone or marker to commemorate a veteran (which includes an individual who dies in the active military, naval, or air service), where the headstone or marker may be provided for a national cemetery, a State, local, or private cemetery, 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. 38 C.F.R. § 38.631. L. C. served in the Confederate Army until his death in July 1864 while a prisoner of war. L. C. is buried in a mass grave in Crown Hill National Cemetery and is marked with a private memorial marker. The record does not establish, and the Appellant does not allege, that L. C. died while in the active military, naval, air, or space service of the United States of America. Indeed, he has provided documentation that the L. C. was a prisoner of war of the United States when he died. Therefore, L. C. may not be considered as a veteran for purposes of establishing eligibility for memorial headstone or marker. 38 U.S.C. § 2306(b). A June 2018 letter from M. Meadows, United States Representative, asserts that L. C., and other Confederate Army soldiers should be considered as veterans under the provision of Public Law 85-425. The Board of Veterans' Appeals (Board) observes that the provisions of 85 P.L. 425, 72 Stat. 133 pertain solely to death pension benefits and are therefore not relevant to eligibility for a memorial headstone or marker. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. C. KING 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.