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.
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, § 904Pub. 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].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”.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”.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.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.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
- 1958Pub. L. 85–857, , 72 Stat. 1170, § 904
- 1963Pub. L. 88–3, , 77 Stat. 4
- 1969Pub. L. 91–24, § 7, , 83 Stat. 34
- 1986Pub. L. 99–576, title VII, § 701(51), , 100 Stat. 3295
- 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
- 1991renumbered § 2304 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
- 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.)