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Title 38 — Veterans’ Benefits

Part II · Chapter 23 — Burial Benefits

§ 2304. Claims for reimbursement

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 2304

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 904

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 904

  2. Pub. L. 88–3 · 77 Stat. 4

    Changed · 38 U.S.C. § 2304

    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]

    Source evidence

    Code amendment note
    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].

  3. Pub. L. 91–24 § 7 · 83 Stat. 33

    Substituted · 38 U.S.C. § 2304

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 7. Chapter 23 of title 38, United States Code, is amended as follows: (a) by deleting in section 904 the words “whichever last occurs,”; and (b) by deleting in section 904 the words “or the date of enactment of this sentence”.

  4. Pub. L. 99–576 title VII § 701(51) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2304

    Pub. L. 99–576 substituted “the veteran’s” for “his” in three places

    Source evidence

    Code amendment note
    Pub. L. 99–576 substituted “the veteran’s” for “his” in three places.

    Enacted provision · exact public law section
    (51) Section 904 is amended by striking out “his” each place it appears and inserting in lieu thereof “the veteran’s”.

  5. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 2304

    Pub. L. 101–237 substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  6. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2304

    Pub. L. 102–83 renumbered section 904 of this title as this section and substituted “2302” for “902”

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 904 of this title as this section and substituted “2302” for “902”.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  7. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title II § 2202(b)(1)(A) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2304

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) In section 2304, by striking “Applications for payments under section 2302 of this title” and inserting “Applications for payments under section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section”.

    Effective date note
    Amendment 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.

5 of 7 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1963–2021 · 6 rounds

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 ].

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

Credits

1958–2021 · 7 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1170, § 904
  2. 1963Pub. L. 88–3, , 77 Stat. 4
  3. 1969Pub. L. 91–24, § 7, , 83 Stat. 34
  4. 1986Pub. L. 99–576, title VII, § 701(51), , 100 Stat. 3295
  5. 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
  6. 1991renumbered § 2304 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  7. 2021Pub. L. 116–315, title II, § 2202(b)(1)(A), , 134 Stat. 4985.
Show as published

(Pub. L. 85–857, , 72 Stat. 1170, § 904; Pub. L. 88–3, , 77 Stat. 4; Pub. L. 91–24, § 7, , 83 Stat. 34; Pub. L. 99–576, title VII, § 701(51), , 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077; renumbered § 2304 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 116–315, title II, § 2202(b)(1)(A), , 134 Stat. 4985.)

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