38 CFR 38.621 - Disinterments.

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There is 1 rule appearing in the Federal Register for 38 CFR Part 38. View below or at eCFR (GPOAccess)
§ 38.621 Disinterments.
(a) Interments of eligible decedents in national cemeteries are considered permanent and final. Disinterment will be permitted only for cogent reasons and with the prior written authorization of the National Cemetery Area Office Director or Cemetery Director responsible for the cemetery involved. Disinterment from a national cemetery will be approved only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), give their written consent, or when a court order or State instrumentality of competent jurisdiction directs the disinterment. For purposes of this section, “immediate family members” are defined as surviving spouse, whether or not he or she is remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered “immediate family members.”
(b) All requests for authority to disinter remains will be submitted on VA Form 40-4970, Request for Disinterment, and will include the following information:
(1) A full statement of reasons for the proposed disinterment.
(2) Notarized statement(s) by all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), that they consent to the proposed disinterment.
(3) A notarized statement, by the person requesting the disinterment that those who supplied affidavits comprise all the living immediate family members of the deceased.
(Authority: 38 U.S.C. 2404)
(c) In lieu of the documents required in paragraph (b) of this section, an order of a court of competent jurisdiction will be considered.
(d) Any disinterment that may be authorized under this section must be accomplished without expense to the Government.
(The reporting and recordkeeping requirements contained in paragraph (b) have been approved by the Office of Management and Budget under OMB control number 2900-0365)

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.

  • 2015-04-13; vol. 80 # 70 - Monday, April 13, 2015
    1. 80 FR 19534 - Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective date: The final rule is effective May 13, 2015. Applicability date: The final rule applies to claims for reimbursement for burial receptacles for individuals who died on or after January 10, 2014.
      38 CFR Part 38

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 Part 38 after this date.

  • 2015-04-13; vol. 80 # 70 - Monday, April 13, 2015
    1. 80 FR 19534 - Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective date: The final rule is effective May 13, 2015. Applicability date: The final rule applies to claims for reimbursement for burial receptacles for individuals who died on or after January 10, 2014.
      38 CFR Part 38