Non-Service-Connected Death: Burial Allowance and Survivors Pension

When a veteran dies of a cause unrelated to military service, the surviving family cannot claim Dependency and Indemnity Compensation, but several other VA benefits for a non-service-connected death remain on the table: a burial allowance, free burial in a national cemetery, a needs-based monthly survivors pension, and any money the VA still owed the veteran. Each has its own eligibility rules and its own deadline, and one of those deadlines is short enough that families sometimes lose the benefit before they realize it existed.

Burial Allowance

The VA pays a burial allowance for a non-service-connected death in two situations, and the amount depends on which one fits. Both require that the veteran was discharged under conditions other than dishonorable.¹

The Standard Allowance

Under 38 CFR 3.1705, the VA pays a burial allowance when the veteran was receiving VA pension or disability compensation at the time of death. It also covers veterans who would have received disability compensation but were collecting military retired pay instead, and veterans who had a pending claim the evidence would have supported.²

For deaths on or after October 1, 2025, the VA pays up to $1,002 as a burial allowance and another $1,002 as a plot or interment allowance.³ These are flat reimbursements. Families should expect meaningful out-of-pocket funeral costs beyond what the VA covers.

Death While Hospitalized by the VA

A separate and usually larger allowance applies under 38 CFR 3.1706 when the veteran dies while hospitalized by the VA for a non-service-connected condition. That phrase reaches further than it sounds. It covers veterans admitted to a VA facility for hospital, nursing home, or domiciliary care; veterans transferred to a non-VA facility or state nursing home at VA expense; and veterans traveling under prior VA authorization to or from a medical appointment.⁴

A veteran on an authorized absence of 96 hours or less, or an unauthorized absence of 24 hours or less, still counts as hospitalized. Survivors in this category may also qualify for a transportation reimbursement in addition to the burial and plot allowances.⁴

The Two-Year Deadline

The VA must receive the burial allowance claim no later than two years after the veteran’s burial. If the discharge was originally classified as dishonorable and later corrected, the two-year window starts from the date of the correction.⁵ Miss it and the money is forfeited regardless of the claim’s merits.

Burial in a National Cemetery

The national cemetery benefit is separate from the burial allowance and comes at no cost. Any veteran discharged under conditions other than dishonorable is eligible, and the benefit extends to the veteran’s spouse or surviving spouse (even one who remarried after the veteran’s death) and to minor children. It includes the gravesite, perpetual care, a government headstone or marker, and a burial flag.⁶

A former spouse whose marriage ended in divorce or annulment is not eligible unless independently a veteran. Veterans convicted of certain federal or state capital crimes, Tier III sex offenses with a life sentence, or subversive activities after September 1959 are excluded.⁶

Survivors Pension

The survivors pension is a monthly, needs-based payment for low-income surviving spouses and unmarried children of wartime veterans. Unlike the burial allowance, this is ongoing financial support that can last years. 38 CFR 3.3 defines it as a benefit payable because of the veteran’s non-service-connected death.⁷

Service Requirement

The deceased veteran must have served at least 90 days of active duty with at least one day during a VA-recognized wartime period.⁷ Veterans who enlisted after September 7, 1980, or entered active duty after October 16, 1981, must also have completed at least 24 continuous months of active duty or the full period for which they were called.¹

The recognized wartime periods for pension eligibility are:

World War II: December 7, 1941 to December 31, 1946
Korean conflict: June 27, 1950 to January 31, 1955
Vietnam War (served in Vietnam): November 1, 1955 to May 7, 1975
Vietnam War (served elsewhere): August 5, 1964 to May 7, 1975
Gulf War: August 2, 1990 through a future date to be set by law or presidential proclamation

⁸

Because the Gulf War period remains open, virtually every veteran who served on active duty since August 1990 falls within a wartime period for pension purposes.

Income and Net Worth

From December 1, 2025 through November 30, 2026, the net worth limit is $163,699, combining countable annual income and assets.⁹ The VA adjusts this each year for cost of living.

Countable income includes wages, Social Security, retirement or annuity income, and most other recurring money. The VA subtracts countable income from the Maximum Annual Pension Rate (MAPR); the difference is what the survivor receives. Key 2026 MAPR figures for a surviving spouse:

No dependents, no special aid: $11,699 per year
One dependent child, no special aid: $15,311 per year
Housebound, no dependents: $14,298 per year
Aid and Attendance, no dependents: $18,697 per year

¹⁰

Unreimbursed medical expenses above 5 percent of the applicable MAPR can be deducted from countable income. This is where borderline cases become eligible. A surviving spouse paying for prescriptions, home health aides, or nursing care may deduct enough to drop countable income below the threshold and qualify for a monthly payment.

Remarriage

The survivors pension is available only to un-remarried surviving spouses. It has no age-based remarriage exception, unlike Dependency and Indemnity Compensation, which allows remarriage after age 55.¹¹ If a surviving spouse receiving the pension remarries, the benefit stops. If that later marriage ends by death, divorce, or annulment, the spouse can apply to have the pension reinstated.

Aid and Attendance and Housebound

Surviving spouses already receiving the pension can qualify for a higher rate if they have significant physical limitations. These supplements raise the MAPR, which raises the monthly check directly.

Aid and Attendance applies if the surviving spouse meets at least one of the following:

Needs help from another person with daily activities like bathing, dressing, or eating
Must stay in bed for a large portion of the day due to illness
Lives in a nursing home because of lost mental or physical ability
Has severely limited eyesight (5/200 or less in both eyes, or visual field restricted to 5 degrees or less)

¹²

The Housebound supplement is for surviving spouses who spend most of their time at home because of a permanent disability. A survivor cannot receive both Aid and Attendance and Housebound at the same time.¹² For a surviving spouse with no dependents, moving from the base pension rate ($11,699) to the Aid and Attendance rate ($18,697) adds roughly $583 a month.¹⁰

Accrued Benefits the Veteran Was Owed

If the VA still owed money to the veteran at the time of death, survivors can claim those unpaid amounts as accrued benefits. This commonly happens when a claim was pending or payments were withheld during hospitalization.

The VA pays accrued benefits in strict priority order: the surviving spouse first, then equal shares to the veteran’s dependent children, then parents who were financially dependent on the veteran. If no one in those categories qualifies, whoever paid for the veteran’s last illness and burial expenses can seek reimbursement from the accrued amount.¹³

The standard deadline is one year from the beneficiary’s death. Lump-sum accrued benefits, including amounts withheld during hospital or institutional care, have a five-year filing window.¹³

How to File

Every survivor claim starts with proof of the veteran’s service and the survivor’s relationship. The veteran’s DD-214 establishes service dates and discharge character. If you don’t have a copy, the VA will request one when they receive your application.¹⁴ A certified death certificate is also required.

The form depends on the benefit:

VA Form 21P-530EZ for the burial allowance. It asks about burial costs, plot expenses, and transportation.
VA Form 21P-534EZ for DIC, survivors pension, and accrued benefits combined. Filing through the Fully Developed Claim program on this form can speed up processing.¹⁵
VA Form 21P-601 for accrued benefits filed separately.

For pension claims, bring detailed financial records: bank statements, Social Security award letters, and documentation of every unreimbursed medical expense. Those medical records matter more than most people realize, because they directly reduce countable income and can turn a denial into an award.

Completed forms and supporting documents go to the VA’s Pension Intake Center at PO Box 5365, Janesville, WI 53547-5365, or through the online portal at VA.gov.¹⁶ You can track a submitted claim through VA.gov, which supports survivors pension, burial allowance, and DIC claims.¹⁷

If the VA Denies the Claim

A denial doesn’t end the claim. Survivors have three review options: a Supplemental Claim (VA Form 20-0995) when there is new and relevant evidence; a Higher-Level Review (VA Form 20-0996) when the record is complete but the VA is said to have gotten the decision wrong, with a processing goal of about 125 days;¹⁸ or a Board Appeal (VA Form 10182) to a Veterans Law Judge, with the choice of direct review, evidence submission, or a hearing.¹⁹

The Supplemental Claim is the most common starting point after a denial for insufficient evidence. Producing a missing DD-214, adding medical expense documentation, or submitting a corrected income statement often resolves the problem without going to a judge. If the denial rested on a legal interpretation rather than missing paperwork, Higher-Level Review or a Board Appeal is the better route.

1
Office of the Law Revision Counsel. 38 USC 5303A – Minimum Active-Duty Service Requirement
2
eCFR. 38 CFR 3.1705 – Burial Allowance Based on Non-Service-Connected Death
3
U.S. Department of Veterans Affairs. Veterans Burial Allowance and Transportation Benefits
4
eCFR. 38 CFR 3.1706 – Burial Allowance for a Veteran Who Died While Hospitalized by VA
5
eCFR. 38 CFR 3.1703 – Claims for Burial Benefits
6
U.S. Department of Veterans Affairs. Eligibility for Burial in a VA National Cemetery
7
eCFR. 38 CFR 3.3 – Pension
8
U.S. Department of Veterans Affairs. Eligibility for Veterans Pension
9
U.S. Department of Veterans Affairs. Current Pension Rates for Veterans
10
U.S. Department of Veterans Affairs. Current Survivors Pension Benefit Rates
11
eCFR. 38 CFR 3.55 – Reinstatement of Benefits Eligibility Based on Terminated Marital Relationships
12
U.S. Department of Veterans Affairs. VA Aid and Attendance Benefits and Housebound Allowance
13
U.S. Department of Veterans Affairs. Accrued Benefits
14
U.S. Department of Veterans Affairs. Request Your Military Service Records
15
U.S. Department of Veterans Affairs. VA Form 21P-534EZ – Application for DIC, Survivors Pension, and/or Accrued Benefits
16
U.S. Department of Veterans Affairs. How to Apply for a VA Pension as a Veteran
17
U.S. Department of Veterans Affairs. a href=”https://www.va.gov/claim-or-appeal-status/” target=”_blank” rel=”noopener”>Check Your VA Claim, Decision Review, or Appeal Status
18
U.S. Department of Veterans Affairs. Higher-Level Reviews
19
U.S. Department of Veterans Affairs. Choosing a Decision Review Option