Code of Federal Regulations · Section
§ 3.1712 — Effect Of Forfeiture On Payment Of Burial Benefits
38 C.F.R. § 3.1712
(a) Forfeiture for fraud. VA will pay burial benefits, if otherwise in order, based on a deceased veteran who forfeited his or her right to receive benefits due to fraud under § 3.901, Fraud. However, VA will not pay burial benefits to a claimant who participated in fraudulent activity that resulted in forfeiture under § 3.901.
(b) Forfeiture for treasonable acts or for subversive activity. VA will not pay burial benefits based on a period of service commencing before the date of commission of the offense if either the veteran or the claimant has forfeited the right to all benefits except insurance payments under § 3.902, Forfeiture for treasonable acts, or § 3.903, Forfeiture for subversive activities, because of a treasonable act or subversive activities, unless the offense was pardoned by the President of the U.S.
Cross Reference: § 3.1(aa), for the definition of “fraud.”
Authorizing Statute
-
Rules and regulations38 U.S.C. § 501
-
Forfeiture for fraud38 U.S.C. § 6103