38 CFR 3.1605 - Death while traveling under prior authorization or while hospitalized by the Department of Veterans Affairs.

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§ 3.1605 Death while traveling under prior authorization or while hospitalized by the Department of Veterans Affairs.
An amount may be paid not to exceed the amount payable under § 3.1600 for the funeral, burial, plot, or interment expenses of a person who dies while in a hospital, domiciliary, or nursing home to which he or she was properly admitted under authority of the Department of Veterans Affairs. (See § 3.1600(c)). In addition, the cost of transporting the body to the place of burial may be authorized. The amount payable under this section is subject to the limitations set forth in paragraph (b) of this section, and §§ 3.1604 and 3.1606.
(a) Death enroute. When a veteran while traveling under proper prior authorization and at Department of Veterans Affairs expense to or from a specified place for the purpose of:
(1) Examination; or
(2) Treatment; or
(3) Care
dies enroute, burial, funeral, plot, interment, and transportation expenses will be allowed as though death occurred while properly hospitalized by the Department of Veterans Affairs. Hospitalization in the Philippines under 38 U.S.C. 631, 632, and 633 does not meet the requirements of this section.
(b) Transportation. Except for retired persons hospitalized under section 5 of Executive Order 10122 (15 FR 2173; 3 CFR 1950 Supp.) issued pursuant to Pub. L. 351, 81st Congress, and not as Department of Veterans Affairs beneficiaries, the cost of transportation of the body to the place of burial in addition to the burial and plot or interment allowance will be provided by the Department of Veterans Affairs where death occurs:
(1) Within a State or the Canal Zone (38 U.S.C. 101 (20)) while the veteran is hospitalized by the Department of Veterans Affairs and the body is buried in a State or the Canal Zone; or
(2) While hospitalized within but burial is to be outside of a State or the Canal Zone, except that cost of transportation of the body will be authorized only from place of death to port of embarkation, or to border limits of United States where burial is in Canada or Mexico.
(c) Extended entitlement. Entitlement extends to the following persons who die while properly hospitalized by the Department of Veterans Affairs:
(1) Discharged or rejected draftees; or
(2) Members of the National Guard who reported to camp in answer to the President's call for World War I, World War II, or Korean service, but who when medically examined were not finally accepted for active military service; or
(3) A veteran discharged under conditions other than dishonorable from a period of service other than a war period.
(d) Persons properly hospitalized. A person properly hospitalized who dies:
(1) While on authorized absence which has not exceeded 96 hours at time of death;
(2) While in a status of unauthorized absence for a period not in excess of 24 hours; or
(3) While absent from the hospital for a period totaling 24 hours of combined authorized and unauthorized absence (all other cases in which such absence arises at the expiration of an authorized absence are not included);
is considered as having died while hospitalized.
(e) Persons not properly hospitalized. Where a deceased person was not properly hospitalized, benefits will not be authorized under this section.
[26 FR 1621, Feb. 24, 1961, as amended at 26 FR 7738, Aug. 18, 1961; 31 FR 5757, Apr. 14, 1966; 32 FR 3743, Mar. 4, 1967; 36 FR 22144, Nov. 20, 1971; 38 FR 30107, Nov. 1, 1973; 44 FR 22722, Apr. 17, 1979; 48 FR 41162, Sept. 14, 1983]

Title 38 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-25; vol. 79 # 186 - Thursday, September 25, 2014
    1. 79 FR 57660 - Standard Claims and Appeals Forms
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective March 24, 2015.
      38 CFR Parts 3, 19, and 20

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 38 - VETERANS’ BENEFITS
Statutes at Large
Public Laws

Title 38 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 3 after this date.

  • 2014-12-02; vol. 79 # 231 - Tuesday, December 2, 2014
    1. 79 FR 71366 - Additional Compensation on Account of Children Adopted Out of Veteran's Family
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Proposed rule.
      Comments must be received on or before February 2, 2015.
      38 CFR Part 3