VA Cemetery Pre-Need Determination Program

Joe Wallace

Advanced planning for the end of life can provide comfort and reduce the strain on the surviving family members. For veterans of the United States military and their loved ones, an important aspect of this preparation may involve pre-need arrangements for burial in a cemetery managed by the Department of Veterans Affairs (VA).

Burial in a VA national cemetery is part of a qualifying veteran’s military death benefits, and knowing the process ahead of your need is an important factor in long-term life planning.

The VA provides a service to determine eligibility for this benefit before the need arises. This process is referred to as a pre-need determination.

How VA Pre-Need Determination Works

A pre-need determination is a decision from the VA that confirms if a person meets the criteria for burial in a VA cemetery. This decision is made while the person is alive. It is a step taken in advance, which differs from an at-need determination that occurs after a death has occurred. By applying for this pre-need decision, a veteran, a service member, or a family member can obtain paperwork that confirms this burial benefit.

Family members are notified by mail of the approval of their application. This “VA decision letter” is a document that proves eligibility and should be stored with other important military paperwork, such as a legal will and copies of current insurance policies.

What to know about this process? Most importantly, a pre-need determination does not set aside a plot at a cemetery. A VA gravesite is assigned only when the death occurs. The determination confirms the right of the person to be buried in a VA cemetery, provided space is available.

Who is eligible for burial in a VA national cemetery?

The primary group of qualifying applicants consists of veterans and currently serving military members. You must have a military discharge not characterized as Dishonorable for consideration. This is true of most veteran benefits, but not all.

Veterans, service members, spouses, and qualifying dependents may be eligible for burial in a VA national cemetery. To meet the VA guidelines, one of the following must apply:

The person qualifying for burial benefits is

• a veteran without a dishonorable discharge, or
• a service member who died while on active duty, active duty for training, or inactive duty for training, or
• the spouse or surviving spouse of a veteran, or
• the minor child of a veteran or, in some cases, the unmarried adult dependent child of a veteran

People serving in the National Guard and Reserves can also qualify. They can be buried in a VA cemetery if they had an entitlement to retired pay at death, or would have had that entitlement if they had been the required age. This usually means the person has finished 20 years of service that counts toward retirement. A Reservist may also qualify if they die during training. Some other kinds of federal service can also make a person eligible.

Who Is Not Qualified to be Buried In a VA National Cemetery

• • Service members with a Dishonorable discharge (see above)
  • A former spouse who isn’t also a veteran whose marriage to an eligible Veteran or service member ended by annulment or divorce
  • Family members of a veteran convicted of subversive activities
  • Other family members who do not meet the eligibility requirements

How To Apply

Apply for a pre-need determination by filling out VA Form 40-10007, Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery.

Help with the application can be found at VA offices in the community or from a representative of a Veterans Service Organization. When you apply, some documents are needed to prove you meet the criteria according to VA.gov:

• Personal information, including the DD214 or other military discharge paperwork, Social Security numbers, etc.
• Military history or the military history of the service member or Veteran who’s sponsoring your application.
• The name of the VA national cemetery where you’d prefer to be buried.
• Find a VA national cemetery
• If you’re applying as the legally married spouse or surviving spouse, include your personal information and the military spouse’s information, including Social Security number and date of birth.
• If you’re applying on behalf of someone else, include any legal documents showing you can apply on their behalf.
• If you’re applying for an unmarried adult child of a service member or Veteran, include supporting files with information about the adult child’s disability.

After the VA gets your application package, your case is reviewed for a determination. The applicant gets a VA decision on these applications via U.S. mail.

VA.gov says, “If the decision is positive, the letter will confirm the person’s eligibility. This letter is the record of the decision and should be kept safe. If the application is not approved, the letter will state the reason for the denial. It will also describe the way the applicant can appeal the decision. An applicant has a right to send in more proof or to ask for a new review of the decision.”

A pre-need determination lessens the work for family members at the time of actual need.

When a person dies, the family must make many arrangements while they are in mourning. Having a pre-need letter removes the need to locate military documents or other proof of service during a time of stress. It’s one less detail to remember when it’s time to claim military death benefits.

The funeral director or a family member can give the decision letter to the National Cemetery Scheduling Office. This makes the work of scheduling the burial go more smoothly.

What to Know About VA Pre-Need Determination

A pre-need approval confirms eligibility. It does not promise burial in a particular cemetery. Some VA cemeteries may not have room for new casket burials. They might only be able to place cremated remains. The VA keeps a list of its cemeteries and their status. The final arrangements for a burial must still be made when the person dies.

The family or the funeral home has to contact the National Cemetery Scheduling Office to ask for the burial. They must provide the needed paperwork, including the decision letter and the death certificate. The VA conducts a final check at this time to ensure nothing has changed, such as the remarriage of a spouse.

Burial in a VA cemetery is a benefit that comes at zero or little cost (depending on the options needed) to the family of the veteran.

The burial honor covers the gravesite, the work of opening and closing the grave, and the care of the site. For a casket, a grave liner is provided if the cemetery requires one. For remains that are cremated, a site in the ground or a niche in a columbarium is offered.

The government also supplies a headstone or a marker. These markers are engraved with the veteran’s information. A family can also ask for an emblem of belief to be added. If there is room, other inscriptions may be added at the family’s own expense.

A flag of the United States is given to cover the casket or be with the urn. After the service, the flag is folded and given to the next of kin to keep. The family also gets a Presidential Memorial Certificate. This is a certificate on paper, signed by the sitting president, to honor the memory of the veteran who has passed away.

VA Pre-Need Burial Determination: Frequently Asked Questions

What is the purpose of a pre-need burial eligibility determination?

A pre-need determination formally establishes your eligibility for burial in a VA national cemetery before the time of death. This process provides peace of mind for you and your family by confirming this important VA benefit in advance. An approved application helps streamline the burial arrangement process, reducing the stress on your loved ones by ensuring the necessary verification is already on file with the VA’s National Cemetery Administration.

Who is eligible to apply for pre-need determination?

The program is open to Veterans, service members, and certain family members.

To be eligible, a Veteran or service member must have a discharge or separation from active duty under conditions other than dishonorable. Commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, along with certain members of the reserve components, may also be eligible.

Eligible family members include the spouse, minor children, and, in some cases, unmarried adult children with disabilities. A spouse or surviving spouse may be eligible for burial even if they pass away before the veteran.

How do I apply for this program?

You must complete VA Form 40-10007, Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery. You can submit this form online through the VA website, by mail, or by fax. It is highly recommended that you include a copy of the Veteran’s proof of service, such as the DD Form 214, with the application to expedite the review process.

If you do not have these documents, the VA will attempt to locate them for you. The VA can also help you with other VA death benefits, too.

Does pre-need approval reserve a gravesite for me?

No. An approved pre-need application confirms eligibility for burial in any VA national cemetery with available space; it does not reserve a plot at a specific cemetery. Gravesite assignment occurs at the time of need when the burial is scheduled by the family or a funeral director.

What happens after an application is approved?

The VA will send you a written decision letter. This letter and your application are stored electronically for quick access when needed. You should keep a copy of this letter with your important papers and inform your family of its location. At the time of need, your family or funeral home must contact the National Cemetery Scheduling Office to request the burial. The VA will validate the pre-need determination and proceed with the arrangements.

What burial benefits does the VA provide at no cost?

For an eligible Veteran, spouse, or dependent, the VA provides the following burial benefits at no cost:

• • The gravesite or columbarium niche.
  • The opening and closing of the grave.
  • A government-provided grave liner for casket burials.
  • A government headstone or marker.
  • Perpetual care of the gravesite.

These benefits do not cover any funeral home costs, such as the casket, cremation, or viewing.