Citation Nr: 21014247 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 18-03 860 DATE: March 11, 2021 ORDER Entitlement to nonservice-connected burial benefits is granted. FINDING OF FACT In March 2016, the Veteran died in his home while under the care of Good Shepherd Hospice. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected burial benefits have been met. 38 U.S.C. §§ 2302, 2303; 38 C.F.R. §§ 3.1700-3.1713. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1965 to August 1968. He died in March 2016. The appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision of the Department of Veterans Affairs (VA) Pension Management Center (PMC) in Philadelphia, Pennsylvania. In July 2019 and May 2020, the Board remanded this matter for further development. That development having been completed, this matter has returned to the Board for further appellate review. Following the issuance of the supplemental statement of the case (SSOC) dated in September 2020, the appellant submitted additional evidence of medical receipts showing the Veteran received home hospice care at VA expense. As the substantive appeal in this case was received after February 2, 2013, a waiver of initial AOJ consideration of this additional evidence is not required. See 38 C.F.R. §§ 20.800, 20.1304. Entitlement to nonservice-connected burial benefits The Veteran died in March 2016 and the appellant filed her claim for burial benefits in April 2016. The appellant asserts entitlement to burial benefits to recoup the costs of the Veteran’s burial expenses. Claims for a burial allowance may be executed only by “[t]he individual whose personal funds were used to pay burial, funeral, and transportation expenses.” 38 C.F.R. § 3.1702(b)(3). Here, the appellant provided a funeral contract showing that she incurred expenses for the Veteran’s burial or internment. See March 2016 Morris Funeral Chapel Purchase Contract. In her application for burial benefits, the appellant expressly stated that she was only claiming entitlement to nonservice-connected burial benefits. Where a veteran’s death is not service connected, a burial allowance to cover the burial and funeral expenses, as well as the expense of transporting the body to the place of burial may be payable, but only under certain circumstances. 38 U.S.C. § 2302(a); 38 C.F.R. § 3.1705. Specifically, if the cause of a veteran’s death is not service connected, entitlement is based upon the following conditions: at the time of death, the veteran was in receipt of pension or compensation (or but for the receipt of military retirement pay would have been in receipt of compensation); or, the veteran had an original claim for either benefit pending at the time of her death for which there was evidence available on the date of death to support the award for compensation or pension or, in the case of a reopened claim, there was sufficient prima facie evidence of record on the date of death to show entitlement; or, the deceased was a veteran of any war or was discharged or released from active military, naval, or air service for a disability incurred or aggravated in line of duty, and there is no next of kin and the veteran’s estate funds are insufficient to cover expenses. See 38 U.S.C. § 2302(a); 38 C.F.R. §§ 3.1705(b), (e); 3.1708(b), (c). Alternatively, a burial allowance may be paid if a veteran died from nonservice-connected causes while properly admitted to a VA facility or hospital, nursing home, or domiciliary care; or while admitted or traveling to a non-VA facility with prior authorization and at VA expense for the purpose of examination, treatment, or care. See 38 U.S.C. § 2303(a); 38 C.F.R. § 3.1706(b), (d). When VA facilities or other government facilities are not capable of furnishing economical hospital care or medical services because of geographic inaccessibility or are not capable of furnishing care or services required, VA may authorize or contract with non-VA facilities for care. 38 U.S.C. § 1703. According to 38 U.S.C. § 1701(4), the term “non-Department facilities” means facilities other than Department facilities. At the time of his death, the Veteran was not receiving any VA compensation or pension benefits, and the evidence does not reflect that there was an original or reopened claim for either benefit pending which was ultimately granted. Additionally, the Veteran is not shown to have been discharged or released from active service for a disability incurred or aggravated in the line of duty nor was his body held by a State. The record reflects that the Veteran received home hospice care from October 2015 until his death in March 2016. The appellant asserts that the Veteran was under VA care at the time of his death, and thus burial benefits should be awarded. Indeed, a May 2020 billing record reflects that the Veteran received home hospice care from Good Shepherd Hospice paid for by VA. See May 2020 Medical Receipt; September 2020 Care Expense Statement. The Veteran died in March 2016, and, at the time of death, he remained under the care of the contracted home hospice service pursuant to 38 U.S.C. § 1703(a). Thus, the Board concludes that the Veteran died while under the care of a VA-contracted hospice organization, at VA’s expense and with VA’s prior authorization. Accordingly, the criteria for nonservice-connected burial benefits are met. See C.F.R. § 3.1706(b). P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. M. Stedman, Associate 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.