US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 2304. —  Claims for reimbursement.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 38USC2304]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
                       CHAPTER 23--BURIAL BENEFITS
 
Sec. 2304. Claims for reimbursement

    Applications for payments under section 2302 of this title must be 
filed within two years after the burial of the veteran. If the burial 
allowance was not payable at the death of the veteran because of the 
nature of the veteran's discharge from the service, but after the 
veteran's death the veteran's discharge has been corrected by competent 
authority so as to reflect a discharge from the service under conditions 
other than dishonorable, then the burial allowance may be paid if a 
claim is filed within two years from the date of correction of the 
discharge. If a claimant's application is incomplete at the time it is 
originally submitted, the Secretary shall notify the applicant of the 
evidence necessary to complete the application. If such evidence is not 
received within one year from the date of such notification, no 
allowance may be paid.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, Sec. 904; Pub. L. 88-3, 
Apr. 2, 1963, 77 Stat. 4; Pub. L. 91-24, Sec. 7, June 11, 1969, 83 Stat. 
34; Pub. L. 99-576, title VII, Sec. 701(51), Oct. 28, 1986, 100 Stat. 
3295; Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
Stat. 2077; renumbered Sec. 2304 and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83 renumbered section 904 of this title as this 
section and substituted ``2302'' for ``902''.
    1989--Pub. L. 101-237 substituted ``Secretary'' for 
``Administrator''.
    1986--Pub. L. 99-576 substituted ``the veteran's'' for ``his'' in 
three places.
    1969--Pub. L. 91-24 substituted ``two years from the date of 
correction of the discharge'' for ``two years from whichever last 
occurs, the date of correction of the discharge or the date of enactment 
of this sentence''.
    1963--Pub. L. 88-3 authorized payment of a burial allowance in cases 
where it was not payable at death because of the nature of the veteran's 
discharge, where such discharge has been corrected by competent 
authority to reflect conditions other than dishonorable, and the claim 
is filed within two years from whichever last occurs, the date of 
correction of the discharge or the date of enactment of Pub. L. 88-3 
[approved Apr. 2, 1963].



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com