§2304 — Title 38 Veterans' Benefits | U.S. Code

Summary

File claims for burial payments for veterans covered by the related law within two years after burial. If a dishonorable discharge is later corrected by the authority that can change discharges, file within two years from that correction. If the VA asks for missing proof, you have one year to send it.

Title 38, §2304

Veterans' Benefits — Source: USLM XML via OLRC

Applications for payments under section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran’s discharge from the service, but after the veteran’s death the veteran’s discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–315 substituted “Applications for payments under section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section” for “Applications for payments under section 2302 of this title”. 1991—Pub. L. 102–83 renumbered section 904 of this title as this section and substituted “2302” for “902”. 1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”. 1986—Pub. L. 99–576 substituted “the veteran’s” for “his” in three places. 1969—Pub. L. 91–24 substituted “two years from the date of correction of the discharge” for “two years from whichever last occurs, the date of correction of the discharge or the date of enactment of this sentence”. 1963—Pub. L. 88–3 authorized payment of a burial allowance in cases where it was not payable at death because of the nature of the veteran’s discharge, where such discharge has been corrected by competent authority to reflect conditions other than dishonorable, and the claim is filed within two years from whichever last occurs, the date of correction of the discharge or the date of enactment of Pub. L. 88–3 [approved Apr. 2, 1963].

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of this title.

§2304 Claims for reimbursement