How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

Military Funeral Questions

Military funerals are performed by the military for a service member of any military branch who meets the requirements of a military burial. Questions about who is entitled to military burial honors, military flag presentation and other aspects of military funeral procedures can lead to legal questions like the ones answered by Experts below.

What is the military protocol on who receives the flag at a funeral?

The flag is usually presented to the military member's next of kin. However, if there isn't a next of kin, a close friend or associate would receive the flag. Here is how the rules read:

The Application for a Burial Flag from the VA specifically states on it, in section F:
“F. Who is eligible to receive a burial flag?
Only one flag may be issued for each deceased veteran. Generally, the flag is given to the next-of-kin as a keepsake after its use during the funeral service. The flag is given to the following person(s) in the order of precedence listed:
surviving spouse
children, according to age
parents, including adoptive,
stepparents, and foster parents
brothers or sisters, including brothers or sisters of half blood
uncles or aunts
nephews or nieces
others, such as cousins or grandparents”


The VA will give the flag to a friend who has a request for it if there is no next of kin. However, if there are no relatives and no request for the flag, it should go to the nearest VA.

What funeral expenses does the VA pay for a Veteran?

There are several benefits that are taken care of through the VA. Some of these benefits include; a gravesite in a national cemetery where space is available, grave preparation, perpetual care, government issued gravestone or marker, a flag, and a Presidential Memorial Certificate.

For eligibility criteria, see 38 CFR §§3.1600 (Table of Contents & Burial), 3.1601 (Claims & Evidence), 3.1602 - 3.1603 (Special conditions governing payments /Authority for burial of certain unclaimed bodies), 3.1604 (Non VA), 3.1605 (VHA), 3.1606 (Transportation), 3.1607 - 3.1609 (Cost of flags /Non allowable expenses /Forfeiture), 3.1610 - 3.1611 (Burial in National cemeteries /Official Department of Veterans Affairs representation at funeral), 3.1612 (Marker). Follow this link to the VA site in regards to benefits. http://goo.gl/i0kV

If a soldier has OTH discharge, will the military pay for their funeral?

The wording of the military in regards to a military funeral is a funeral will be performed for anyone who is discharged under other than dishonorable conditions. You should begin with filing for VA benefits in your area and speaking to local groups who perform military funerals. Usually, the groups will review the information pertaining to the soldiers discharge and determine whether or not they can perform the funeral. Meanwhile, the VA will have a chance to begin processing any possible funeral benefits.

Does the VA provide any assisted living or funeral benefits for the widows of veterans?

There are three possible options to look into for benefits for the widows of veterans. The first option is Aid and Assistance (A&A).

The Aid and Attendance (A&A) Pension provides benefits for veterans and surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing and undressing.

The A&A Pension can provide up to $1,632 per month to a veteran or spouse of vet.

To apply for A&A, you will need the VA Form 21-534. You can get that form here: http://www.vba.va.gov/pubs/forms/VBA-21-534-ARE.pdf

This benefit can be used with Medicare. You can also contact the VFW or DAV for assistance in applying for these benefits. They have experience in dealing with the documents and can speed up the process by ensuring few mistakes.

Your next option is widow benefits which you have two main avenues to persue and you can apply for both benefits. The first pension is Dependency Indemnity Compensation (DIC) and the second pension is a Death Pension.

If the widow's spouse was VA disabled, she would be eligible for DIC. There isn't a VA requirement for disability in order to qualify for the death pension; however the widow cannot make over $1200 per month.

Is a DoD retiree qualified for military funeral honors?

You will be considered eligible for a military funeral if you meet one of these requirements:

- Military members on active duty or in the Selected Reserve.
- Former military members who served on active duty and departed under conditions other than dishonorable.
- Former military members who completed at least one term of enlistment or period of initial obligated service in the Selected Reserve and departed under conditions other than dishonorable.
- Former military members discharged from the Selected Reserve due to a disability incurred or aggravated in the line of duty.
You will have to submit a DD214 form to the Department of Defense. Here are the eligibility requirements for a military funeral per the Department of Defense: http://www.militaryfuneralhonors.osd.mil/eligpage.html

A military funeral is a service offered by the military to honor a fallen soldier or veteran. The military funeral can be simple and quiet or grand with military flare. If you want to learn more about military funerals and who is eligible, you can ask an Experts.
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21182
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21182
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18387
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8489
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Funeral Questions

  • Hello my name is ***** ***** an I lost my son going on four

    Hello my name is ***** ***** an I lost my son going on four years he was in the military 7 years . DUE his tours he did my son toke his life iam proud of what he did for his country know that I can talk about this iam unhappy my wife an I had to borrow money for his funeral we have gone threw a very hard time after my son lost along with depression lose of sleep so many things that have changed our lives. My question is can we bring a law suiet against military for wroeg ful death you may contact me at(###) ###-####thank hope you may answer my questin.
  • My husband passed away 2 yrs ago! He was in the Army 28 yrs.

    My husband passed away 2 yrs ago! He was in the Army 28 yrs. I'm I entitled to survival benefits? I am 59 yes old!
  • my father recently died from an agent orange related illness.

    my father recently died from an agent orange related illness. He was in the vietnam war and did two tours. My father had just been awarded full disability under agent orange one month prior to his death. At his funeral one of his army buddies told me to file a claim with the VFW? or I don't remember who he said. I am 37 years old and have my own autoimmune issues and I am wondering if surviving children are entitled to any benefits under an agent orange wrongful death claim? Thank you
< Last | Next >