Posted on Oct 24, 2023
Why am I being denied burial in a VA cemetery if I have successfully completed my active duty requirement?
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Have inquired to my local Veterans Administration in Rockland County, NY and was denied burial in a local VA cemetery.
Posted 1 y ago
Responses: 2
Short answer: If you haven't served on active duty as defined by the VA, then that is likely the issue with your eligibility.
The eligibility* for burial in a VA cemetary is pretty straightforward:
● The person qualifying for burial benefits is a Veteran who didn’t receive a dishonorable discharge, or
● The person qualifying for burial benefits is a service member who died while on active duty, active duty for training, or inactive duty for training, or
● The person qualifying for burial benefits is the spouse or surviving spouse of a Veteran (even if they remarried after the Veteran’s death), or
● The person qualifying for burial benefits is the minor child of a Veteran (even if the Veteran died first) or, in some cases, the unmarried adult dependent child of a Veteran
Now, looking at your profile, I saw that you are in the National Guard. What is probably getting in the way is the definition of "Veteran". The VA follows the definition in Federal Law/Regulations (in the VA's case, Title 38 of the Code of Federal Regulations*) and that amounts to this simple statement - "A Veteran is a person who served in the active military, naval or air service, and was discharged or released under conditions other than dishonorable."
For a member of the reserve component, the requirements for eligibility are driven by what "active" means. For you, that means:
● The National Guard or Reserve member met their legal minimum active-duty service requirements, was called up to active duty and served their full term of service, and didn’t receive a dishonorable discharge, or
● The National Guard or Reserve member was entitled to retirement pay at their time of death, or would have been entitled to retirement pay if they weren’t under 60 years of age at the time of death, or
● The National Guard or Reserve member died while hospitalized or getting treatment at the expense of the U.S. for an injury or illness that occurred while they were performing active-duty services for training or inactive-duty training under honorable conditions, or
● The National Guard or Reserve member became disabled or died from a disease or injury caused—or made worse—by their service during a period of active duty for training, or
● The National Guard or Reserve member became disabled or died from an injury or certain cardiovascular disorders caused—or made worse—by their service during a period of inactive-duty training
You mentioned in your statement that you had completed the "active duty requirement", so I interpret that to mean you served for 24 continuous months on federal active duty (not active duty for training) or were mobilized under on Title 10 orders (i.e., 10 USC 12301/12302 generally) and completed the period specified (in both cases, an honorable discharge applies obviously).
If you DO fit into one of the categories, then the individual you spoke to didn't understand something (you or the VA eligibility determinations) or was going off wrong information. If this is the case, you can contact the VA directly or you can apply for a "pre-need eligibility"* from the VA and just upload required documents.
Finally, the VA has put out a book to help reserve component servicemembers understand the various VA benefits they are eligible for*.
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* Eligibility for burial in a VA national cemetery - https://www.va.gov/burials-memorials/eligibility/
* 38 CFR 3.1700 - 3.1712 discuss VA burial benefits. 38 CFR 3.1701 specifically details eligibility ("Veteran" with regards to VA burial benefits) - https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-B/subject-group-ECFR8035f0ab73c02c9/section-3.1701
* VA Pre-need burial eligibility determination - https://www.va.gov/burials-memorials/pre-need-eligibility/
* Summary of VA Benefits for National Guard and Reserve Members and Veterans - https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf
The eligibility* for burial in a VA cemetary is pretty straightforward:
● The person qualifying for burial benefits is a Veteran who didn’t receive a dishonorable discharge, or
● The person qualifying for burial benefits is a service member who died while on active duty, active duty for training, or inactive duty for training, or
● The person qualifying for burial benefits is the spouse or surviving spouse of a Veteran (even if they remarried after the Veteran’s death), or
● The person qualifying for burial benefits is the minor child of a Veteran (even if the Veteran died first) or, in some cases, the unmarried adult dependent child of a Veteran
Now, looking at your profile, I saw that you are in the National Guard. What is probably getting in the way is the definition of "Veteran". The VA follows the definition in Federal Law/Regulations (in the VA's case, Title 38 of the Code of Federal Regulations*) and that amounts to this simple statement - "A Veteran is a person who served in the active military, naval or air service, and was discharged or released under conditions other than dishonorable."
For a member of the reserve component, the requirements for eligibility are driven by what "active" means. For you, that means:
● The National Guard or Reserve member met their legal minimum active-duty service requirements, was called up to active duty and served their full term of service, and didn’t receive a dishonorable discharge, or
● The National Guard or Reserve member was entitled to retirement pay at their time of death, or would have been entitled to retirement pay if they weren’t under 60 years of age at the time of death, or
● The National Guard or Reserve member died while hospitalized or getting treatment at the expense of the U.S. for an injury or illness that occurred while they were performing active-duty services for training or inactive-duty training under honorable conditions, or
● The National Guard or Reserve member became disabled or died from a disease or injury caused—or made worse—by their service during a period of active duty for training, or
● The National Guard or Reserve member became disabled or died from an injury or certain cardiovascular disorders caused—or made worse—by their service during a period of inactive-duty training
You mentioned in your statement that you had completed the "active duty requirement", so I interpret that to mean you served for 24 continuous months on federal active duty (not active duty for training) or were mobilized under on Title 10 orders (i.e., 10 USC 12301/12302 generally) and completed the period specified (in both cases, an honorable discharge applies obviously).
If you DO fit into one of the categories, then the individual you spoke to didn't understand something (you or the VA eligibility determinations) or was going off wrong information. If this is the case, you can contact the VA directly or you can apply for a "pre-need eligibility"* from the VA and just upload required documents.
Finally, the VA has put out a book to help reserve component servicemembers understand the various VA benefits they are eligible for*.
-------------------------------------------
* Eligibility for burial in a VA national cemetery - https://www.va.gov/burials-memorials/eligibility/
* 38 CFR 3.1700 - 3.1712 discuss VA burial benefits. 38 CFR 3.1701 specifically details eligibility ("Veteran" with regards to VA burial benefits) - https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-B/subject-group-ECFR8035f0ab73c02c9/section-3.1701
* VA Pre-need burial eligibility determination - https://www.va.gov/burials-memorials/pre-need-eligibility/
* Summary of VA Benefits for National Guard and Reserve Members and Veterans - https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf
Eligibility for burial in a VA national cemetery | Veterans Affairs
Veterans, service members, and some family members may be eligible for burial in a VA national cemetery. Find out if you, or a person you’re planning a burial for, can get this benefit.
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CPL Thomas Gilbert
Thank you Colonel. My understanding was that following completion of my 6 mos. active duty requirement in the US Army; specifically for those between the age of 17-18-1/2 through the NJ National Guard, I would qualify under article 38 for burial in a VA cemetery. No where on my DD214 does it stipulate that this period was specifically for training purposes.
Thank you for any further clarification.
Thank you for any further clarification.
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CPT Lawrence Cable
CPL Thomas Gilbert - Look at block 23. It will usually say "release from Active Duty Training, release from IADT (Initial Active Duty Training)"or sometimes just "Release from Active Duty". That indicates that you are Guard or Reserve completing some Active Duty school.
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SGT Matthew S.
CPL Thomas Gilbert - I'm not sure if I'm reading your response correctly or not; are you looking for more clarification? Col. Cudworth is correct with those points - The simplest way I explain it (I work at a Veterans' cemetery) is that Guard/Reserve personnel are typically only eligible if they retired from the Guard/Reserves or were called up to Active Duty under Title 10 & fulfilled that time (even just one day). Training - Basic/AIT/Annual, etc. - does not count, unfortunately, without retirement.
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COL Randall C.
SGT Matthew S. - I must have glossed over his response ... need more coffee.
CPL Thomas Gilbert - I understand you might have been under that impression, but your six months of active duty time was clearly for training (I'm not sure what the "specifically for those between the age of 17-18-1/2 through the NJ National Guard" is in reference to).
Active Duty Training (ADT) - Full-time training for a ready Reserve member to acquire or maintain military skills. Includes initial basic training, advanced individual training, annual training, or full-time attendance at an approved school.
However, assume that there was some doubt in the adjudicator's mind. They would just request your service records and look at details such as orders or your RPAS.
If you want to look at the specifics of flow-chart the VA would go through on determining your eligibility, you can reference the VA Adjudication Procedures Manual about determining veteran status*.
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* https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 81424/M21-1-Part-III-Subpart-i-Chapter-1-Section-A-Establishing-Veteran-Status
CPL Thomas Gilbert - I understand you might have been under that impression, but your six months of active duty time was clearly for training (I'm not sure what the "specifically for those between the age of 17-18-1/2 through the NJ National Guard" is in reference to).
Active Duty Training (ADT) - Full-time training for a ready Reserve member to acquire or maintain military skills. Includes initial basic training, advanced individual training, annual training, or full-time attendance at an approved school.
However, assume that there was some doubt in the adjudicator's mind. They would just request your service records and look at details such as orders or your RPAS.
If you want to look at the specifics of flow-chart the VA would go through on determining your eligibility, you can reference the VA Adjudication Procedures Manual about determining veteran status*.
--------------------------------------------------
* https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 81424/M21-1-Part-III-Subpart-i-Chapter-1-Section-A-Establishing-Veteran-Status
M21-1-Part-III-Subpart-i-Chapter-1-Section-A-Establishing-Veteran-Status
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The VA cemetaries do not provide up front burial plots,they will provide a spot upon your death,you can pre arrange to let them know that this is where you would like buried, also they have limited space and it's first come first serve,good luck
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