Burial in a VA National Cemetery, Who Qualifies and How Pre-Need Works

Why this article exists

VA burial benefits include a cash allowance (the burial allowance article covers that) and a separate in-kind benefit: free burial in a VA national cemetery, including the gravesite, opening and closing of the grave, a government headstone or marker, and perpetual care. The in-kind value is far larger than the cash allowance for most families.

This article focuses only on the in-kind national cemetery benefit. Who qualifies, what is included, how to plan ahead, how spouses and children qualify, and what happens if the family wants a State Veterans Cemetery instead.

Who is eligible

Any veteran who was discharged under conditions OTHER than dishonorable is eligible for burial in a VA national cemetery. The discharge characterization matters:

• Honorable: eligible.
• General (under honorable conditions): eligible.
• Other Than Honorable: not automatically barred. VA makes a character of discharge determination under 38 CFR 3.12. A regulatory bar such as willful and persistent misconduct can block eligibility, but VA's April 2024 final rule (effective June 25, 2024) added a compelling circumstances exception to the willful and persistent misconduct and moral turpitude bars and removed the old bar for homosexual acts entirely.
• Dishonorable discharge, or a bad conduct discharge issued by a general court-martial: barred by statute (38 USC 5303). A bad conduct discharge from a special court-martial gets the same character of discharge review as an OTH.

The veteran's character of service is what the National Cemetery Administration reviews. The same character-of-service rules apply to other VA benefits, but the discharge upgrade pathway is separate (see our companion article on character of service determination).

Source rules:

• 38 USC 2402 (eligibility for burial in national cemeteries)
• 38 CFR 38.620 (specific eligibility rules)

Family members eligible for burial in the same cemetery

A national cemetery is not just for veterans. The family members listed in 38 CFR 38.620(e) are also eligible:

• A spouse, surviving spouse, or surviving spouse who has remarried (regardless of when the remarriage occurred).
• Minor children (under age 21, or under age 23 if a full-time student).
• An unmarried adult child who became permanently incapable of self-support before age 21 (the helpless child standard under 38 CFR 3.356).
• A parent of a veteran who died in active service (separate, narrower rule).

The eligible family member can be buried in the same gravesite as the veteran (a double-depth grave) or in an adjacent grave, depending on the cemetery and the gravesite.

What is included at the gravesite

When a veteran or eligible family member is buried in a national cemetery, VA provides at no cost:

• The gravesite (the plot itself).
• Opening and closing of the grave.
• Perpetual care of the gravesite.
• A government graveliner for casketed remains.
• A government-furnished headstone or marker, with inscription.
• A burial flag for the veteran.
• A graveside committal service.
• A Presidential Memorial Certificate, requested separately.

What VA does NOT pay for:

• The funeral home services (preparation, casket, embalming, hearse). The family or the burial allowance covers these.
• Upgrades to the outer burial container. VA furnishes a standard government graveliner at no cost for casketed burials in national cemeteries. A family that prefers a private vault instead of the government graveliner pays for that upgrade.
• A graveside religious service. The family arranges this separately.

How to apply in advance (pre-need eligibility)

The smartest move for any family planning is to pre-apply for eligibility, well before the death. This eliminates last-minute scrambling at the funeral home.

How to apply: VA Form 40-10007, Application for Pre-Need Eligibility Determination. The veteran (or the eligible family member) submits the form along with a copy of the DD-214. VA returns a pre-need eligibility letter confirming the veteran qualifies for burial in a national cemetery.

The pre-need letter is not an assignment to a specific cemetery. When the death occurs, the family contacts the National Cemetery Scheduling Office (1-800-535-1117) and selects an available cemetery.

How to apply at the time of death

When a veteran or eligible family member dies, the family (or the funeral director) calls the National Cemetery Scheduling Office. The required documents are:

• The death certificate.
• The veteran's DD-214.
• A copy of the pre-need eligibility letter, if one was obtained.
• For an eligible family member burial, proof of relationship (marriage certificate, birth certificate, or court order).

The scheduling office confirms eligibility, selects the cemetery and gravesite, and coordinates with the funeral director on the burial date and time. The process usually takes 1 to 3 business days.

Choosing a cemetery

VA's National Cemetery Administration maintains 157 national cemeteries across the country, plus 35 soldiers' lots and monument sites (figures as of 2026). The National Cemetery Administration's "Find a National Cemetery" tool lets families browse by state.

If the family's preferred cemetery is full to new interments, the scheduling office helps the family pick a nearby alternative. Some cemeteries are limited to spouses-of-veterans buried in the cemetery; the scheduling office knows the local rules.

In some cases (Arlington National Cemetery in particular), the eligibility rules are stricter than general VA rules. Arlington is run by the Army, not VA. Burial at Arlington requires the veteran to meet specific Army criteria.

State Veterans Cemeteries

In addition to the national cemeteries, most states, plus several territories and tribal organizations, operate veterans cemeteries with VA support through the Veterans Cemetery Grants Program (more than 120 funded cemeteries nationwide). These cemeteries:

• Have the same character-of-service eligibility rules.
• Are run by the state, not VA.
• May have additional residency requirements for the veteran.
• May charge a small fee that is sometimes reimbursed by the state.

State Veterans Cemeteries are particularly useful when the veteran's home state has limited national cemetery options or when the family prefers a closer-to-home location. The cemeteries are listed on the NCA website.

What about cremation

Burial of cremated remains in a national cemetery is provided on the same terms as casket burial. The cemetery has a section for in-ground burial of cremated remains and a columbarium section for above-ground placement of urns. The choice depends on the family's preference and the local cemetery's available space.

How long does eligibility take to confirm

• Pre-need eligibility: typically about 90 days after VA receives the application, longer when military records have to be requested.
• At-time-of-death eligibility (with DD-214 and death certificate): typically 1 to 3 business days.

Pre-need is the right move for any veteran whose family wants to remove the time pressure from the burial process. There is no cost to file the pre-need application.

Common misunderstandings

• A veteran's spouse or child is eligible for burial in the same cemetery EVEN IF the veteran is buried elsewhere (e.g. a private cemetery or another national cemetery). The family member's eligibility is tied to the veteran's character of service, not to the veteran's place of burial.
• A remarried surviving spouse is still eligible for burial in the same national cemetery as the first veteran spouse, regardless of when the remarriage occurred. The age-55 rule that applies to DIC does NOT apply to national cemetery burial.
• Burial in a national cemetery is free for the veteran AND for eligible family members. Plot allowances and burial allowances are separate cash benefits paid through different VA programs.
• The headstone or marker is provided at no cost EVEN IF the veteran is buried in a private cemetery (not a national one). VA Form 40-1330 is the application; the placement at a private cemetery is paid by the family.

Sources

• 38 USC 2402 (eligibility for burial in national cemeteries)
• 38 CFR 38.620 (eligibility rules)
• 38 CFR 38.621 (interments are permanent; disinterment rules)
• 38 CFR 3.12 (character of discharge determinations)
• 38 USC 5303 (statutory bars to benefits)
• VA National Cemetery Administration (cem.va.gov)
• VA NCA Pre-Need Eligibility FAQ
• VA Form 40-10007 (Pre-Need Application)
• VA Form 40-1330 (Headstone or Marker)
• VA Form 27-2008 (Burial Flag)
• VA Form 40-0247 (Presidential Memorial Certificate)
• National Cemetery Scheduling Office, 1-800-535-1117

Worth reading next

• The VA burial benefits stack: the allowances and reimbursements that sit alongside interment.
• DIC and Survivors Pension compared: the ongoing benefits for the family.

Related on this site

• Benefits for Children of Veterans with Birth Defects