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Title 38 — Veterans’ Benefits

Part II · Chapter 23 — Burial Benefits

§ 2307. Death from service-connected disability

Statutory text

In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of section 2303 of this title.

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. National Cemeteries Act of 1973

    Pub. L. 93–43 § 5(a)(2) · 87 Stat. 75

    Enacted · 38 U.S.C. § 2307

    Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 907

    Source evidence

    Code source credit
    Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 907

    Enacted provision · exact public law section
    (2) adding at the end of such chapter the following new sections: “§ 906. Headstones and markers “(a) The Administrator shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following: “(1) Any individual buried in a national cemetery or in a post cemetery. “(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 1002 (4), (5), and (6) of this title. “(3) Soldiers of the Union and Confederate Armies of the Civil War. “(b) The Administrator shall furnish, when requested, an appropriate memorial headstone or marker to commemorate any veteran dying in the service, and whose remains have not been recovered or identified or were buried at sea, for placement by the applicant in a national cemetery area, reserved for such purposes under the provisions Ante, p. 76. of section 1003 of this title, or in any private or local cemetery. “§ 907. Death from service-connected disability “In any case in which a. veteran dies as the result of a service-connected disability or disabilities, the Administrator, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the amount authorized to be paid under section 80 Stat. 548. 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 902 and 903 (a) (1) and (b) of this title.”

  2. An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes

    Pub. L. 95–479 title III § 303(c) · 92 Stat. 1560

    Inserted · 38 U.S.C. § 2307

    Pub. L. 95–479 inserted “the greater of (1) $1,100, or (2)” after “not exceeding”

    Source evidence

    Code amendment note
    Pub. L. 95–479 inserted “the greater of (1) $1,100, or (2)” after “not exceeding”.

    Enacted provision · exact public law section
    (c) The first sentence of section 907 is amended by inserting “the 38 USC 907. greater of (1) $1,100,or (2)” after “not exceeding”.

  3. Veterans

    Pub. L. 100–322 title III § 303 · 102 Stat. 487

    Substituted · 38 U.S.C. § 2307

    Pub. L. 100–322 substituted “$1,500” for “$1,100”

    Source evidence

    Code amendment note
    Pub. L. 100–322 substituted “$1,500” for “$1,100”.

    Enacted provision · exact public law section
    SEC. 303. BURIAL BENEFIT FOR SERVICE-CONNECTED DEATHS. Section 907 is amended by striking out “$1,100” and inserting in lieu thereof “$1,500”.

  4. 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. § 2307

    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.

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

    Substituted · 38 U.S.C. § 2307

    Pub. L. 102–83 renumbered section 907 of this title as this section and substituted “2302 and 2303(a)(1)” for “902 and 903(a)(1)”

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 907 of this title as this section and substituted “2302 and 2303(a)(1)” for “902 and 903(a)(1)”.

    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.

  6. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title V § 501(a)(1) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2307

    Pub. L. 107–103 substituted “$2,000” for ‘$1,500”

    Source evidence

    Code amendment note
    Pub. L. 107–103 substituted “$2,000” for ‘$1,500”.

    Enacted provision · exact public law section
    (1) Clause (1) of section 2307 is amended by striking “$1,500” and inserting “$2,000”.

  7. Veterans Benefits Act of 2003

    Pub. L. 108–183 title V § 501(b) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2307(b)

    Pub. L. 108–183 substituted “and (b)(2)” for “and (b)” in last sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–183 substituted “and (b)(2)” for “and (b)” in last sentence.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 2307 is amended in the last sentence by striking “and (b)” and inserting “and (b)(2)”.

  8. 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)(B) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2307

    Pub. L. 116–315 substituted “subsections (a)(1) and (b)(2) of section 2303 of this title” for “sections 2302 and 2303(a)(1) and (b)(2) of this title”

    Source evidence

    Code amendment note
    Pub. L. 116–315 substituted “subsections (a)(1) and (b)(2) of section 2303 of this title” for “sections 2302 and 2303(a)(1) and (b)(2) of this title”.

    Enacted provision · exact public law section
    (B) In section 2307, by striking “sections 2302 and 2303(a)(1) and (b)(2) of this title” and inserting “subsections (a)(1) and (b)(2) of section 2303 of this title”.

    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.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1978–2021 · 7 rounds

2021

Pub. L. 116–315 substituted “subsections (a)(1) and (b)(2) of section 2303 of this title” for “sections 2302 and 2303(a)(1) and (b)(2) of this title”.

2003

Subsec. (b). Pub. L. 108–183 substituted “and (b)(2)” for “and (b)” in last sentence.

2001

Pub. L. 107–103 substituted “$2,000” for ‘$1,500”.

1991

Pub. L. 102–83 renumbered section 907 of this title as this section and substituted “2302 and 2303(a)(1)” for “902 and 903(a)(1)”.

1989

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

1988

Pub. L. 100–322 substituted “$1,500” for “$1,100”.

1978

Pub. L. 95–479 inserted “the greater of (1) $1,100, or (2)” after “not exceeding”.

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.

Effective Date of 2001 Amendment

Pub. L. 107–103, title V, § 501(a)(2), , 115 Stat. 994, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to deaths occurring on or after .”

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–322 effective , see section 304 of Pub. L. 100–322, set out as a note under section 2102 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479 effective , see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title.

Effective Date

Section effective , or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 93–43, set out as a note under section 2306 of this title.

Credits

1973–2021 · 8 acts
  1. 1973Added Pub. L. 93–43, § 5(a)(2), , 87 Stat. 80, § 907
  2. 1978amended Pub. L. 95–479, title III, § 303(c), , 92 Stat. 1565
  3. 1988Pub. L. 100–322, title III, § 303, , 102 Stat. 534
  4. 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
  5. 1991renumbered § 2307 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  6. 2001Pub. L. 107–103, title V, § 501(a)(1), , 115 Stat. 994
  7. 2003Pub. L. 108–183, title V, § 501(b), , 117 Stat. 2667
  8. 2021Pub. L. 116–315, title II, § 2202(b)(1)(B), , 134 Stat. 4985.
Show as published

(Added Pub. L. 93–43, § 5(a)(2), , 87 Stat. 80, § 907; amended Pub. L. 95–479, title III, § 303(c), , 92 Stat. 1565; Pub. L. 100–322, title III, § 303, , 102 Stat. 534; Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077; renumbered § 2307 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 107–103, title V, § 501(a)(1), , 115 Stat. 994; Pub. L. 108–183, title V, § 501(b), , 117 Stat. 2667; Pub. L. 116–315, title II, § 2202(b)(1)(B), , 134 Stat. 4985.)

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