Pre-Need Eligibility Determination for VA Burial Benefits

A pre-need eligibility determination for VA burial benefits is a decision the Department of Veterans Affairs makes, on request, confirming that you qualify for burial in a national cemetery before you die. You file VA Form 40-10007 with proof of service, and the VA sends back a letter your family can hand to the National Cemetery Scheduling Office when the time comes. The letter confirms eligibility. It does not reserve a specific gravesite or a specific cemetery.

Who Qualifies

Federal law sets out the categories. The broadest is any veteran discharged under conditions other than dishonorable, which covers honorable discharges, general discharges under honorable conditions, and certain other administrative separations. Service members who die on active duty also qualify.¹

Spouses and surviving spouses qualify through the veteran’s service, and a surviving spouse keeps that eligibility even after remarrying. Minor children qualify if they are under 21, or under 23 if enrolled in an approved educational program. Unmarried adult children who became permanently unable to support themselves before reaching adulthood can qualify at the Secretary’s discretion.¹

National Guard and Reserve members qualify if they were called to active duty, completed the full term, and were not dishonorably discharged. You also qualify if you were entitled to military retirement pay at death, or would have been entitled to it had you reached age 60. Guard and Reserve members who die or become disabled from an injury or illness tied to active duty for training or inactive duty training under honorable conditions are eligible regardless of whether they completed a full period of active service.²

If your discharge falls into a gray zone — other than honorable, bad conduct from a special court-martial, or undesirable — you are not automatically out. The VA can make a character-of-discharge determination based on the full circumstances of your service. A pre-need application is one way to get that question answered while you are alive and able to help gather records.³

The 24-Month Active Duty Rule

If you enlisted in a regular component after September 7, 1980, or entered active duty as an officer after October 16, 1981, you generally need 24 months of continuous active duty, or the full period you were called to serve if shorter, to qualify for VA benefits including burial.⁴

Several exceptions waive the minimum:

A hardship discharge under 10 U.S.C. § 1171 or an early separation under § 1173.
Discharge for a disability incurred or aggravated in the line of duty.
A VA-determined service-connected disability eligible for compensation.
Any benefit tied to a service-connected condition or death.

A Reservist called up for a limited deployment satisfies the requirement by completing that full activation, even if it lasted less than 24 months.⁴

What Can Disqualify You Even With Qualifying Service

Meeting the service requirements is not the whole test. Federal law bars burial in any national cemetery for veterans convicted of a federal or state capital crime, meaning an offense that could carry life imprisonment or the death penalty. A veteran convicted as a tier III sex offender with a sentence of life or 99 years or more is also barred. The bar can apply to someone never convicted if the VA finds through clear and convincing evidence that the person committed such a crime but avoided prosecution by dying or fleeing.⁵ A separate provision bars anyone convicted of certain subversive offenses, including treason and seditious conspiracy.⁶

Documents to Gather

The application is VA Form 40-10007. You will provide Social Security number, date of birth, military service history, branch, and highest rank.⁷

The most important supporting document is the veteran’s DD Form 214, the standard military discharge paper showing discharge characterization, dates of service, and awards. A spouse applicant should include a marriage certificate. For a dependent child, attach a birth certificate, and if claiming eligibility based on a permanent disability, include medical documentation supporting that condition. Send copies, not originals. The VA does not return submitted paperwork.

If you no longer have the DD214, request a replacement from the National Personnel Records Center using Standard Form 180. Download the form from the National Archives website, then mail it to the NPRC at 1 Archives Drive, St. Louis, MO 63138, or fax it to 314-801-9195. Submit a separate SF 180 for each person whose records you need. A signed letter with the veteran’s full name as used in service, service number or Social Security number, branch, and dates of service works as a substitute. Requests must be signed and dated within the past year.⁸

How to File

Three routes are available. The fastest is the VA’s online portal, which handles the form and document upload in one session.⁹ To file on paper, mail the completed form and copies of supporting documents to:

NCA Evidence Intake Center
PO Box 5237
Janesville, WI 53547¹⁰

A fax option runs through the National Cemetery Scheduling Office; check the VA’s pre-need eligibility page for the current fax number, which has changed in recent years.

What Happens After You File

VA staff verify your service records against federal databases. If something does not match or more information is needed, you will receive a letter asking for clarification. Most applicants hear back within a few months. To check status, call the National Cemetery Scheduling Office at 800-535-1117.¹⁰

A positive response arrives as a formal determination letter. Store it somewhere your family can find it — with your will, in a fireproof safe, or with the person you have designated to handle your affairs. The letter helps only if someone knows where it is.

What the Letter Covers, and What It Does Not

The determination confirms eligibility for the standard national cemetery burial benefits at no cost to the family: a gravesite in any national cemetery with available space, opening and closing of the grave, a government-furnished burial liner, a government-provided headstone or marker, and perpetual care of the gravesite.

The letter does not reserve a specific plot. Gravesite assignment happens at the time of death, based on what is available at the chosen cemetery. It also has no bearing on private funeral costs. Transportation of remains, embalming, caskets, and services from a private funeral home remain the family’s financial responsibility.¹¹

A VA pre-need determination applies only to federal national cemeteries. If you would rather be buried in a state, territory, or tribal veterans cemetery, contact that cemetery about its own pre-need program.¹⁰

If You Are Denied

A denial notice explains which review paths are available. For most VA benefits decisions, you have one year from the date on the notice to request a review while preserving the earliest possible effective date.¹² Three options exist:

A Supplemental Claim on VA Form 20-0995, submitting new evidence that was not part of the original decision, such as a corrected DD214. Use this when the denial was based on missing documentation.
A Higher-Level Review on VA Form 20-0996, in which a more senior reviewer re-examines the same evidence. No new evidence is allowed. Use this when you believe the original reviewer misapplied the rules.
An appeal to the Board of Veterans’ Appeals on VA Form 10182, with a choice among three tracks: direct review of the existing record, a hearing, or an evidence submission without a hearing.

At the Board, new evidence can be submitted within 90 days of your hearing or of the Board receiving your appeal, depending on track. You can switch tracks by filing a new notice of disagreement, but only if you have not already submitted evidence or testimony under the original selection.¹³

What Your Family Does at the Time of Death

Your family or funeral director calls the National Cemetery Scheduling Office at 800-535-1117, open Monday through Friday, 8:00 a.m. to 7:30 p.m. Eastern, and closed on major federal holidays including Memorial Day, Thanksgiving, and Christmas.¹⁴

With a pre-need determination in hand, the family references the letter and the scheduling office already has your verified service information on file. Without it, the family must gather and submit discharge papers, a death certificate, and detailed personal information about the deceased and the next of kin. They will also decide on burial type (casket or cremation), memorial preference, and whether to request a burial flag or military honors. Supporting documents can be faxed to 866-900-6417 or emailed to NCA.Scheduling@va.gov with the veteran’s name in the subject line.¹⁴

That is the whole point of filing early. A determination letter in a known location spares your family from proving your service history during the days after your death.

1
Office of the Law Revision Counsel. 38 USC 2402 – Persons Eligible for Interment in National Cemeteries
2
U.S. Department of Veterans Affairs. Eligibility for Burial in a VA National Cemetery
3
U.S. Department of Veterans Affairs. Applying for Benefits and Your Character of Discharge
4
Office of the Law Revision Counsel. 38 USC 5303A – Minimum Active-Duty Service Requirements
5
Office of the Law Revision Counsel. 38 USC 2411 – Prohibition Against Interment or Memorialization of Persons Committing Certain Federal or State Crimes
6
Department of Veterans Affairs. NCA Directive 3210 – Eligibility Authorities and Administration of Burial Benefits in VA National Cemeteries
7
Department of Veterans Affairs. VA Form 40-10007 – Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery
8
National Archives. Request Military Service Records Using Standard Form 180
9
U.S. Department of Veterans Affairs. Apply Online for Pre-Need Determination of Eligibility in a VA National Cemetery
10
U.S. Department of Veterans Affairs. Pre-Need Eligibility for Burial in a VA National Cemetery
11
U.S. Department of Veterans Affairs. What Does Burial in a VA National Cemetery Include
12
U.S. Department of Veterans Affairs. VA Form 20-0998 – Your Right to Seek Review of Our Decision
13
eCFR. 38 CFR Part 20 – Board of Veterans Appeals Rules of Practice
14
U.S. Department of Veterans Affairs. Schedule a Burial