[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Proposed Rules]
[Pages 80649-80653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25595]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 38

RIN 2900-AR88


Commemorative Plaques and Urns

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to revise its 
regulations to implement new statutory authority to furnish 
commemorative plaques and urns for certain veterans whose cremated 
remains are not interred. This proposed rule is necessary to administer 
the new benefits, which were authorized by the ``Johnny Isakson and 
David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 
2020'' (the Act).

DATES: Comments must be received by VA on or before January 19, 2024.

ADDRESSES: Comments must be submitted through www.regulations.gov. 
Except as provided below, comments received before the close of the 
comment period will be available at www.regulations.gov for public 
viewing, inspection, or copying, including any personally identifiable 
or confidential business information that is included in

[[Page 80650]]

a comment. We post the comments received before the close of the 
comment period on the following website as soon as possible after they 
have been received: https://www.regulations.gov. VA will not post on 
Regulations.gov public comments that make threats to individuals or 
institutions or suggest that the commenter will take actions to harm 
the individual. VA encourages individuals not to submit duplicative 
comments. We will post acceptable comments from multiple unique 
commenters even if the content is identical or nearly identical to 
other comments. Any public comment received after the comment period's 
closing date is considered late and will not be considered in the final 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Eric Powell, Director, Memorial 
Products Service, National Cemetery Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. 
Telephone: 202-632-8670 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: 
    Section 2306 of title 38, United States Code, authorizes VA's 
National Cemetery Administration (NCA) to furnish headstones, markers, 
medallions, and burial receptacles to eligible individuals. Section 
2207 of the Act (Pub. L. 116-315) amended sec. 2306 by adding a new 
subsection (h), which created a new memorialization authority for NCA 
to furnish, upon request, an urn or commemorative plaque for a veteran 
whose cremated remains are not interred in a national cemetery, a State 
veterans' cemetery, a tribal cemetery, a county cemetery, or a private 
cemetery. Once the commemorative plaque or urn is furnished, VA is 
prohibited from interring that veteran in a VA national cemetery or 
providing a Government-furnished headstone or marker in any cemetery. 
38 U.S.C. 2306(h)(2). VA proposes to add a new 38 CFR 38.634 to its 
regulations to implement the new statutory authority.

General Information About VA's Plaque and Urn Benefits

    Proposed Sec.  38.634(a) would provide general information about 
the commemorative plaque and urn benefits. Section 2207 of the Act 
refers to ``urns and commemorative plaques.'' We note that, although 
sec. 2306 uses the word ``commemorating'' in relation to the memorial 
headstone or marker benefit when remains are unavailable, see 38 U.S.C. 
2306(b)(1), (g)(2), (i)(2), the plain language of sec. 2306(h)(1)(B) 
does not limit the plaque benefit to only when remains are unavailable. 
Therefore, we interpret the statute as using the word ``commemorative'' 
merely to describe the plaque as honoring the deceased veteran rather 
than require the unavailability of the cremated remains. Because both 
the urn and plaque benefit would similarly signify an individual's 
status as a veteran, we propose to refer to them as ``commemorative 
plaques and commemorative urns'' or ``commemorative plaques and urns'' 
in Sec.  38.634.
    Section 2306(h)(1) provides that VA will furnish a commemorative 
plaque or urn for an eligible veteran, upon request, ``[i]n lieu of 
furnishing a headstone or marker'' under subsection (d), and sec. 
2306(h)(2) prohibits VA from providing a headstone or marker to an 
eligible veteran who receives a commemorative plaque or urn. Subsection 
(h), however, does not address medallions. We propose to clarify in 
Sec.  38.634(a)(1) and (a)(3), respectively, that VA will furnish a 
commemorative plaque or urn for an eligible veteran, upon request, 
``[i]n lieu of furnishing a headstone, marker, or medallion'' and that 
VA cannot furnish a headstone, marker, or medallion for an eligible 
veteran in addition to a commemorative plaque or urn.
    ``The Secretary shall furnish, when requested, an appropriate 
Government headstone or marker at the expense of the United States for 
the grave of an individual . . . . who is buried in a private 
cemetery.'' 38 U.S.C. 2306(d)(1). ``In lieu of furnishing a headstone 
or marker under this subsection to a deceased individual'' who ``is 
eligible for a headstone or marker furnished under [sec. 2306(d)(1)],'' 
``the Secretary may furnish, upon request, a medallion . . . to be 
attached to a headstone or marker furnished at private expense.'' 38 
U.S.C. 2306(d)(4). Given that an individual is only eligible for a 
medallion if the individual is ``eligible for a headstone or marker 
furnished under [sec. 2306(d)(1)]'' and an individual is only eligible 
for a headstone or marker under sec. 2306(d)(1) if the individual is 
``buried in a private cemetery,'' it follows that, to be eligible for a 
medallion, an individual must be ``buried in a private cemetery.'' 
Conversely, to be eligible for a plaque or urn, an individual must be 
one whose remains were ``cremated and not interred in . . . a private 
cemetery.'' 38 U.S.C. 2306(h)(3)(C) (emphasis added). Therefore, an 
individual cannot be eligible for a plaque or urn and a medallion 
simultaneously.
    Section 2306(h)(2)(A) unequivocally states that, if VA provides a 
plaque or urn for an individual, VA ``may not provide . . . a headstone 
or marker'' for such individual. In other words, once VA has provided a 
commemorative plaque or urn for an individual, that individual is no 
longer ``eligible for a headstone or marker,'' and an individual who is 
not ``eligible for a headstone or marker'' is not eligible for a 
medallion. 38 U.S.C. 2306(d)(4). The reverse is also true because VA 
furnishes a medallion ``in lieu of'' a headstone or marker. In other 
words, once VA furnishes a medallion, VA cannot provide a headstone or 
marker. If VA is precluded from furnishing a headstone or marker, then 
the individual is prohibited from receiving it, and an individual who 
is not eligible to receive a headstone or marker cannot be provided 
with a plaque or urn.
    VA notes an inconsistency in the statute, which does not change the 
above analysis. Section 2306(h)(3) describes an individual who is 
eligible for the urn or plaque benefit as an individual ``who is 
eligible for a headstone or marker furnished under [sec. 2306(d)]'' and 
``whose remains were cremated and not interred . . . in a private 
cemetery.'' Section 2306(d) is VA's supplemental headstone or marker 
authority for an eligible individual defined in sec. 2306(a)(2) or (5) 
who is interred in a private cemetery with a privately marked grave. A 
supplemental headstone or marker generally signifies an individual's 
privately marked grave in a private cemetery as that of a veteran, 
which aligns with plaque and urn eligibility. For plaque and urn 
eligibility purposes, VA must consider the reference to sec. 2306(d) in 
sec. 2306(h)(3) as referring to eligible veterans defined in sec. 
2306(a)(2) and (5) rather than simply considering whether an eligible 
veteran is interred in a private cemetery and is eligible for a 
Government-furnished headstone or marker under sec. 2306(d). Otherwise, 
sec. 2306(h)(3) would require an individual to be both buried in a 
private cemetery and not to be interred in a private cemetery to be 
eligible for the urn or plaque. VA believes this was an inadvertent 
oversight and that Congress's overarching intent was to limit an 
eligible individual listed in 2306(a)(2) or (5) to one of the 
following--a headstone or marker, a medallion, or a plaque or urn--as 
discussed above.
    VA proposes to provide in Sec.  38.634(a)(2) definitions for a 
``commemorative urn'' and ``commemorative plaque.'' For purposes of 
these new benefits, a

[[Page 80651]]

``commemorative urn'' would mean a container that signifies the 
deceased individual's status as a veteran, in which an individual's 
cremated remains may be placed at private expense. A ``commemorative 
plaque'' would mean a tablet that signifies the deceased individual's 
status as a veteran.
    Consistent with sec. 2306(h)(4)(A) and as discussed further below, 
proposed Sec.  38.634(a)(4) would state that any commemorative plaque 
or urn furnished by VA would be the personal property of the applicant 
for such benefit.
    Section 2306(h)(4)(B) provides that the Federal Government shall 
not be liable for any damage that occurs after the date on which the 
commemorative plaque or urn is furnished. As such, we propose to 
clarify in Sec.  38.634(a)(5) that VA would not replace a commemorative 
plaque or urn unless it was damaged during shipping or contains a 
manufacturing deficiency or inscription error. Limiting replacements or 
repairs to these circumstances ensures VA would only replace the plaque 
or urn for problems that occurred before VA furnished the urn or 
plaque.

Eligibility for a Commemorative Plaque or Urn

    Proposed Sec.  38.634(b) would implement statutory requirements for 
the decedent intended to be memorialized by a commemorative plaque or 
urn. Section 2306(h)(3) defines an eligible veteran for the plaque or 
urn benefit as a deceased individual who served in the Armed Forces on 
or after April 6, 1917, who is eligible for a headstone or marker 
furnished under sec. 2306(d) (or would be so eligible but for the date 
of the death of the individual), and whose remains were cremated and 
not interred in a national cemetery, a State veterans' cemetery, a 
tribal cemetery, a county cemetery, or a private cemetery. Consistent 
with the discussion above, proposed Sec.  38.634(b)(2) would add a 
clause to the eligibility criteria indicating that the deceased veteran 
must not have received a Government-furnished headstone, marker, or 
medallion. Again, we do not believe NCA would be authorized to provide 
a plaque or urn for an individual for whom NCA has previously provided 
a headstone, marker, or medallion.
    VA proposes to revise its current definition of ``interment'' found 
in 38 CFR 38.600(a) to achieve the statutory intent of this new 
benefit. The current wording ``placement . . . of cremated remains'' 
may create a discrepancy as applied to the new plaque or urn benefit. 
We anticipate that many applicants desiring to commemorate a veteran 
loved one may have already ``placed'' the cremated remains on a shelf 
or in another location within their private residence, and we do not 
want to discourage them from applying. Therefore, we propose to clarify 
that ``interment'' includes ``the placement of cremated remains in a 
columbarium niche.'' Additionally, we propose to clarify that 
``interment'' includes entombment of cremated remains, which VA 
considers as a practical equivalent of burial of remains in an above-
ground setting (e.g., mausoleum, columbarium). We also propose to 
remove the reference to ``scattering of cremated remains'' in the 
current definition of ``interment'' in Sec.  38.600(a) because such 
language is inconsistent with the language in sec. 2306(b)(3)(D), which 
provides that ``the remains of an individual shall be considered to be 
unavailable if the individual's remains . . . were cremated and the 
ashes scattered without interment of any portion of the ashes.''
    Section 2306(h)(3)(C) provides that the remains of an eligible 
individual must have been cremated and ``not interred in a national 
cemetery, a State veterans' cemetery, a tribal cemetery, a county 
cemetery, or a private cemetery.'' VA proposes that an interment in any 
cemetery would prevent VA from issuing a commemorative plaque or urn 
for that veteran. For purposes of implementing sec. 2306(h)(3)(C) in 
proposed Sec.  38.634(b)(3), VA would consider interment in any 
Government cemetery at any level as precluding authorization for the 
benefit, in addition to those cemeteries explicitly listed in the 
statute. Without this clarification, application of this benefit would 
create absurd results. For example, VA would be authorized to furnish a 
plaque or urn for a veteran interred in a non-veteran State or non-
``national'' Federal cemetery (such as a State or Federal prison 
cemetery), or a city or village cemetery, but would be prohibited from 
furnishing a plaque or urn to a veteran interred in a national 
cemetery, a State veterans' cemetery, or a county-owned cemetery.
    For similar reasons, we would consider a ``private cemetery,'' as 
referenced in sec. 2306(h)(3)(C), to mean any private, non-Government 
property used for an interment. NCA's current practice is to provide a 
headstone or marker to an eligible individual interred on any private 
property, including a backyard. This is consistent with sec. 
2306(a)(2), which authorizes VA to furnish an appropriate headstone or 
marker to ``any individual eligible for burial in a national cemetery 
(but not buried there)'' with certain exclusions. Without the language 
proposed in Sec.  38.634(b)(3), i.e., if ``private cemetery'' does not 
include any private, non-Government property used for an interment, VA 
would be required to furnish a commemorative plaque or commemorative 
urn to a veteran whose remains are interred in someone's backyard, but 
we would be prohibited from furnishing a plaque or urn to a veteran 
whose remains are interred in a church ``cemetery'' with a single 
gravesite. NCA's broader definition not only follows its current 
practice, but it aligns with an underlying intent of the statute that 
the plaque and urn is to be given ``in lieu of'' other benefits. These 
proposed standards eliminate possible absurd results and inconsistency 
with current practice and clarifies for potential applicants and VA the 
extent of VA's authority to furnish a commemorative plaque or urn 
benefit before they apply.

Application Process

    In Sec.  38.634(c), VA proposes to define who may apply for a 
commemorative plaque or urn and to provide procedures for requesting 
them. VA proposes to utilize existing claims processes to promote 
consistency in application and processing.
    Section 2306(h)(4)(A) provides that a commemorative plaque or urn 
furnished for an eligible veteran becomes the personal property of the 
veteran's next of kin or such other individual as the Secretary 
considers appropriate. Accordingly, for the reasons stated below, VA 
proposes to define ``applicant'' to mean a member of the decedent's 
family, which includes the decedent's spouse or individual who was in a 
legal union as defined in Sec.  3.1702(b)(1)(ii) with the decedent; a 
child, parent, or sibling of the decedent, whether biological, adopted, 
or step relation; and any lineal or collateral descendant of the 
decedent.
    VA is concerned about the finality of the decision to request these 
benefits which after benefit delivery would statutorily exclude the 
veteran from interment in a VA national cemetery and other 
memorialization. To minimize the potential for unintended forfeitures 
of benefits, family disputes and duplicate claims, we propose to 
require a commemorative plaque or urn applicant to be the family member 
who is authorized to make decisions about the disposition of the 
veteran's remains and is also knowledgeable about the other benefits 
that will be precluded before they submit a claim. On the claim form, 
we would require applicants to certify that the remains have been 
cremated as required by sec.

[[Page 80652]]

2306(h)(3)(C), that no portion of the cremated remains are interred, 
that they are the individual empowered to make decisions concerning 
disposition of the veteran and they are knowledgeable about the impacts 
of the claim on other VA benefits. We also propose to have applicants 
certify on the claim form that they are in possession of the entirety 
of the veteran's cremated remains. These certifications are necessary 
to minimize the possibility of VA receiving duplicate claims for the 
same veteran, reduce family disputes, and lessen the potential for a 
family member to unintentionally forfeit entitlement to other VA 
benefits.
    Other required claim information would include documentation of the 
decedent's eligibility and the applicant's contact information and 
mailing address.

Executive Orders 12866, 13563 and 14094

    Executive Orders 12866 (Regulatory Planning and Review) directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, when regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, and other advantages; 
distributive impacts; and equity). Executive Order 13563 (Improving 
Regulation and Regulatory Review) emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. Executive Order 14094 (Modernizing 
Regulatory Review) supplements and reaffirms the principles, 
structures, and definitions governing contemporary regulatory review 
established in Executive Orders 12866 and 13563. The Office of 
Information and Regulatory Affairs has determined that this rulemaking 
is not a significant regulatory action under Executive Order 12866, as 
amended by Executive Order 14094. The Regulatory Impact Analysis 
associated with this rulemaking can be found as a supporting document 
at www.regulations.gov.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (5 
U.S.C. 601-612). The factual basis for this certification is based on 
the absence of small entities' involvement with the provisions of the 
rulemaking. Therefore, pursuant to 5 U.S.C. 605(b), the initial and 
final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 
604 do not apply.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in an expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Paperwork Reduction Act

    This proposed rule includes provisions constituting a new 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521) that require approval by the Office of Management and 
Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), VA has submitted a 
copy of this rulemaking action to OMB for review and approval.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. Proposed Sec.  38.634 contains a 
collection of information under the Paperwork Reduction Act of 1995. If 
OMB does not approve the collection of information as requested, VA 
will immediately remove the provisions containing a collection of 
information or take such other action as is directed by OMB.
    Comments on the new collection of information contained in this 
rulemaking should be submitted through www.regulations.gov. Comments 
should indicate that they are submitted in response to ``RIN 2900-
AR88(P) Commemorative Plaques and Urns'' and should be sent within 60 
days of publication of this rulemaking. Collection of information 
associated with this rulemaking can be viewed at: www.reginfo.gov/public/do/PRAMain.
    OMB is required to make a decision concerning the collection of 
information contained in this rulemaking between 30 and 60 days after 
publication of this rulemaking in the Federal Register (FR). Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment on the provisions of this 
rulemaking.
    The Department considers comments by the public on proposed 
collections of information in--
     Evaluating whether the new collections of information are 
necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the new collection of information, including the validity 
of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The collection of information associated with this rulemaking 
contained in Sec.  38.634 is described immediately following this 
paragraph.
     Title: Request for Commemorative Plaque or Urn.
     OMB Control No: 2900-XXXX (New/TBD).
     CFR Provision: 38 CFR 38.634.
     Summary of collection of information: The new collection 
of information in proposed Sec.  38.634 would require information 
necessary to establish the identity of a deceased veteran to verify 
burial eligibility under 38 U.S.C. 2402 for purposes of furnishing a 
commemorative plaque or urn, as authorized under 38 U.S.C. 2306(h). It 
would also require information regarding the applicant's relationship 
to the deceased veteran, the applicant's certification as to certain 
factual matters, and the applicant's contact information.
     Description of need for information and proposed use of 
information: The information would be used by VA to verify an 
individual's service in the Armed Forces on or after April 6, 1917; 
eligibility for a headstone, marker, or medallion that VA has not yet 
furnished under sec. 2306(d); and that the individual's remains were 
cremated and not interred. Information regarding the applicant's 
relationship to the deceased veteran would be used to verify that the 
applicant is a family member empowered to make decisions regarding 
memorialization of the veteran and disposition of any remains.
     Description of likely respondents: Veterans' family 
members.

[[Page 80653]]

     Estimated number of respondents per year: 1,684.
     Estimated frequency of responses per year: This is a one-
time collection.
     Estimated average burden per response: 10 minutes.
     Estimated total annual reporting and recordkeeping burden: 
VA estimates the total annual reporting and recordkeeping burden to be 
280.6667 hours (1,684 respondents x 10 minutes/60 minutes).
     Estimated cost to respondents per year: VA estimates the 
annual cost to respondents to be $8352.64. Using VA's average annual 
number of 1,684 respondents, VA estimates the total information 
collection burden cost to be $8352.64 per year (280.6667 burden hours 
(1,684 respondents x 10 minutes/60 minutes) x $29.76 mean hourly wage).
    * To estimate the respondents' total information collection burden 
cost, VA uses the Bureau of Labor Statistics (BLS) mean hourly wage for 
``All Occupations'' of $29.76. This information is available at https://www.bls.gov/oes/2022/may/oes_nat.htm#00-0000.

List of Subjects in 38 CFR Part 38

    Administrative practice and procedure, Cemeteries, Claims, 
Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, signed and approved 
this document on November 13, 2023, and authorized the undersigned to 
sign and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Luvenia Potts,
Regulation Development Coordinator Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 38 is 
proposed to be amended as follows:

PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS

0
1. The authority citation for part 38 continues to read as follows:

    Authority:  38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 
2403, 2404, 2407, 2408, 2411, 7105.

0
2. Amend Sec.  38.600 by revising the definition of Interment to read 
as follows:


Sec.  38.600   Definitions.

    (a) * * *
* * * * *
    Interment means the burial or entombment of casketed or cremated 
remains, including the placement of cremated remains in a columbarium 
niche.
* * * * *
0
3. Add Sec.  38.634 to read as follows:


Sec.  38.634   Commemorative urns and plaques.

    (a) General. (1) In lieu of furnishing a headstone, marker, or 
medallion under this part, the Department of Veterans Affairs (VA) will 
furnish, when requested--
    (i) A commemorative urn; or
    (ii) A commemorative plaque.
    (2) Definitions. For the purposes of this section:
    (i) Commemorative urn means a container that signifies the deceased 
individual's status as a veteran, in which the individual's cremated 
remains may be placed at private expense.
    (ii) Commemorative plaque means a tablet that signifies the 
deceased individual's status as a veteran.
    (3) If VA furnishes a commemorative plaque or a commemorative urn 
for an individual under this section, VA may not provide for such 
individual--
    (i) A headstone, marker, or medallion; or
    (ii) Any burial benefit under 38 U.S.C. 2402.
    (4) Any commemorative plaque or commemorative urn furnished under 
this section shall be the personal property of the applicant.
    (5) The Federal Government shall not be liable for any damage to a 
commemorative plaque or urn furnished under this section that occurs 
after the date on which the commemorative plaque or urn is furnished. 
VA will not replace a commemorative plaque or urn unless it was damaged 
during shipping or contains a manufacturing deficiency or inscription 
error.
    (b) Eligible individuals to be commemorated. An eligible individual 
for purposes of this section is a deceased individual:
    (1) Who served in the Armed Forces on or after April 6, 1917;
    (2) Who is eligible for, but has not received, a headstone, marker, 
or medallion under 38 U.S.C. 2306(d) (or would be so eligible but for 
the date of the death of the individual); and
    (3) Whose remains were cremated and not interred (see Sec.  38.600 
for definition of interment).
    (c) Application process--(1) Applicant. An applicant for a 
commemorative plaque or urn must be a member of the veteran's family, 
which includes the veteran's spouse or individual who was in a legal 
union as defined in Sec.  3.1702(b)(1)(ii) of this chapter with the 
veteran; a child, parent, or sibling of the veteran, whether 
biological, adopted, or step relation; and any lineal or collateral 
descendant of the veteran.
    (2) Application. An applicant must submit a completed VA Form 40-
1330UP, Claim for Commemorative Urn or Commemorative Plaque for 
Veteran's Cremains Not Interred in a Cemetery. The National Cemetery 
Administration will verify the decedent's eligibility for a 
commemorative plaque or urn. Applicants must certify that they have 
read a statement about other benefits to which the veteran will lose 
benefit rights, that the decedent's remains were cremated and are not 
interred at the time of application, that the applicant is a member of 
the decedent's family authorized to make decisions about the 
disposition of the decedent's remains, and that the applicant is in 
possession of the entirety of the cremains. Other required claim 
information will include documentation of the decedent's eligibility 
and the applicant's contact information and mailing address. VA's duty 
to notify claimants of necessary information or evidence under Sec.  
3.159(b) of this chapter and duty to assist claimants in obtaining 
evidence under Sec.  3.159(c) of this chapter will apply.

[FR Doc. 2023-25595 Filed 11-17-23; 8:45 am]
BILLING CODE 8320-01-P