VA Form 40-10007 is the application a Veteran, spouse, or eligible dependent uses to get a written decision from the VA confirming eligibility for burial in a VA national cemetery before the need arises. Filing it early means your family will not be searching for service records during a difficult time. There is no fee, and you can send it in online, by mail, or by fax.
Who Can File
The form is open to Veterans and to the family members who would qualify for burial alongside them. Under 38 U.S.C. § 2402, eligibility covers:
- Veterans who served on active duty and were discharged under conditions other than dishonorable
- Service members who die on active duty
- Reserve and National Guard members whose death occurs under honorable conditions while hospitalized or being treated for a duty-related injury or disease
- Retired Reserve members entitled to retired pay under Chapter 1223 of Title 10, including those under age 60 who would otherwise qualify
- Spouses and surviving spouses of eligible Veterans, including a surviving spouse who has remarried; a former spouse whose marriage ended in divorce or annulment does not qualify
- Unmarried children under 21, or under 23 if enrolled full-time at an approved school
- Unmarried adult children who became permanently disabled and unable to support themselves before turning 21, or before 23 if a full-time student
Each person who wants a determination files a separate form. A spouse cannot be listed on the Veteran’s application; the spouse files their own, referencing the Veteran’s service.
What to Gather Before You Start
The single most useful document is a copy of the Veteran’s DD Form 214. It shows the service branch, dates of service, and character of discharge, which are the facts the VA has to verify. If a DD-214 is not available, other separation papers or service records that establish length of service and discharge character work as substitutes. Attach photocopies of the most recent discharge document showing the highest rank held and any awards or decorations.2Department of Veterans Affairs. Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
If you cannot find any military records, file anyway. The VA will try to locate what it needs on its own.3Veterans Affairs. Pre-Need Eligibility For Burial In A VA Cemetery
Also have on hand:
- The Veteran’s Social Security number
- Date and place of birth
- Service branch, entry date, and separation date
- Character of discharge (honorable, general, other than honorable, and so on)
- Personal information for the claimant, if a spouse or dependent is applying
Filling Out the Form
The form has three parts plus a certification block. On the paper version, print in capital letters using black ink.
Section I: Veteran or Service Member Information
Enter the Veteran’s full legal name, Social Security number, date of birth, and place of birth exactly as they appear on official records. A mismatch with VA or Department of Defense databases will slow the review.
Item 14 asks for the military status supporting eligibility — active duty, Reserve, National Guard, or other. If you are not sure, check “Other” and attach whatever service documents you have. Item 18 asks for the character of discharge; if you do not know the exact type, mark “Other” and let the supporting documents speak.2Department of Veterans Affairs. Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
Section II: Claimant Information
Complete Section II only when the applicant is someone other than the Veteran, such as a spouse, surviving spouse, or unmarried adult child. Item 24 asks about the relationship to the Veteran. A surviving spouse who remarried after the Veteran’s death still qualifies; a former spouse whose marriage ended in divorce does not. An unmarried adult child needs to show they became permanently disabled before age 21, or 23 if a full-time student, with supporting documentation.2Department of Veterans Affairs. Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
Preferred Cemetery and Certification
Items 30 and 31 let you name a preferred VA national or state or tribal veterans cemetery. This is optional, and naming one does not reserve it. Actual burial scheduling happens at the time of need based on space then available.2Department of Veterans Affairs. Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
Items 34 through 38 make up the certification block, where the applicant signs. A representative may sign for the claimant only if the claimant is under 18, mentally incompetent, or physically unable to sign, and the representative has to provide their name, mailing address, phone, email, and relationship to the claimant. Signing certifies that the information on the form is true and correct.
Where to Send It
You have three ways to submit the completed form and copies of supporting documents:
- Online, through the pre-need eligibility section at va.gov. This is the fastest route and requires no printing.
- By mail, to the NCA Evidence Intake Center, PO Box 5237, Janesville, WI 53547. Use a trackable service, since the envelope carries a Social Security number and service records.
- By fax, to the National Cemetery Scheduling Office. The confirmation page gives you proof of delivery.
Always send photocopies of discharge documents, never originals. If you mail the form, check that every page is in the envelope before sealing it. Missing pages are the easiest way to create a delay.
What the Decision Letter Does
The VA reviews the application, verifies the service record, and confirms that the discharge meets the “other than dishonorable” standard for national cemetery burial. You then receive a written decision letter by mail. That letter is the official confirmation of eligibility.4Office of the Law Revision Counsel. 38 USC 2402 – Persons Eligible for Interment in National Cemeteries
One boundary worth knowing: the decision confirms the right to be interred, but it does not reserve a gravesite or guarantee burial at any particular cemetery. Space at a specific location is assigned only when the actual need arises.2Department of Veterans Affairs. Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
Using the Letter at the Time of Need
Keep the decision letter with your estate documents and let the person who will arrange the burial know where it is. When the time comes, that person should call the National Cemetery Scheduling Office at 800-535-1117 (TTY: 711) and select option 4 to request a burial. The office answers Monday through Friday, 8:00 a.m. to 5:30 p.m. ET, and will need the pre-need decision letter during the call.5Veterans Affairs. After You Apply For An Eligibility Determination