October 26, 2006

Ask The Lawyer

Veterans entitled to death benefits ranging from ceremonial flags to certificates to burial in
a VA National Cemetery

This week's question:
I served in the U.S. Army during the Viet Nam War (it wasn't just a "conflict"), and I am curious about benefits that may be available from the government upon my passing. Is there anything available or is my family just left on their own? Where can I go for additional information? I realize this isn't a legal question as such, but the information would be nice to know.

Ray R.
Almaden Valley

Dear Ray,
Thank you for your e-mail about possible death benefits available for our country's veterans and their families. And your question is in fact a legal question after all, since you and your family may well be entitled under the law to certain benefits.

Having served in the United States Navy as a young naval officer many years ago, I have a soft spot in my heart for veterans. So, if this column sounds rather biased from time to time in favor of veterans, you know why.

First of all, your family is entitled to a burial flag. The flag is provided at no cost to drape the casket or accompany the urn of a deceased veteran who served honorably in the U.S. armed forces. It is furnished to honor the memory of a veteran's military service to his or her country.

The flag is given to the next-of-kin as a keepsake after its use during the funeral service. If you leave no next-of-kin, the flag is given to a friend making the request for it. Applications may be made by completing VA Form 21-2008, Application for United States Flag for Burial Purposes at any VA regional office or U.S. Post Office. To contact the VA regional office, call 1-800-827-1000, or log online to: http://www.cem.va.gov/cem/bbene/bflags.asp.

Family or friends may also apply for a Presidential Memorial Certificate. This is an attractive engraved paper certificate, signed by the current president of the United States to honor the memory of honorably discharged deceased veterans. Eligible recipients include the deceased veteran's next of kin and loved ones.

Application for the Presidential Memorial Certificate may be made at any VA regional office or by U.S. mail only. As with all VA benefits, have a copy of your DD-214 ready to prove you served in the Armed Forces of the United States.

Certain VA burial allowances are also available, some of which are dependent on whether the death was service-related or not. Burial in a VA National Cemetery is possible along with appropriate headstones and markers. Your family or friends would need to fill out VA form 21-530, Application for Burial Benefits. They would also attach a copy of your DD-214, a death certificate, and copies of paid funeral and burial bills. For more information, you can call: 1-800-827-1000 or visit: http://www.cem.va.gov.

The VA's main Web site is www.va.gov. You can then go to "benefits" and then "survivors" or select other areas, such as "applications," "inquiries," or other areas as well.

Most veterans and some dependents can be buried in a VA national cemetery. The VA can pay a burial allowance of $2,000 for veterans who die of service-related causes. For certain other veterans, the VA can pay $300 for burial and funeral expenses and $300 for a burial plot.

During your lifetime, certain health care benefits are available, usually depending upon income levels. For specific information, log onto: http://www.va.gov/healtheligibility/Library/pubs/VAIncomeThresholds/.

If you are Internet-challenged, Ray, have a friend, neighbor, or family member help you obtain information online. There is wealth of free information available about veteran’s benefits, and rightly so for our nation's veterans—you guys (male and female "guys") have earned it!

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.