Original VA guidance
The official VA text of this section
Official section title: National Cemetery Administration (NCA) Burial Eligibility
This page reproduces the VA text. Use the official VA source for any images and linked documents.
Overview
In This Section
This section contains the topic, “ Processing Eligibility Requests for NCA Burial Eligibility.”
1. Processing Eligibility Requests for NCA Burial Eligibility
Introduction
This topic contains information on processing eligibility requests for NCA burial eligibility, including
- national cemetery burial eligibility
- definition of
- pre-need burial eligibility determination, and
- time of need burial eligibility
- end product (EP) control over eligibility determination requests, and
- actions to take upon receipt of an eligibility determination request.
Change Date
October 14, 2026
XIII.i.8.B.1.a. National Cemetery Burial Eligibility
Veterans, service members, spouses, and dependents may be eligible for burial in a Department of Veterans Affairs (VA) national cemetery under 38 U.S.C. 2402.
XIII.i.8.B.1.b. Definition: Pre-Need Burial Eligibility Determination
A claimant can apply for a pre-need burial eligibility determination prior to death to assist family members with burial planning.
The claimant completes and submits VA Form 40-10007, Application for Pre-Need Determination of Eligibility For Burial In A VA National Cemetery, to the National Cemetery Administration (NCA).
XIII.i.8.B.1.c. Definition: Time of Need Burial Eligibility
Time of need burial eligibility occurs after the individual is deceased. Claimants contact a local funeral home or the National Cemetery Scheduling Office to determine eligibility.
XIII.i.8.B.1.d. EP Control Over Eligibility Determination Requests
Upon receipt of VA Form 40-10007 or burial scheduling request for a former service member with an other-than-honorable discharge, NCA requests a character-of-discharge (COD) determination from the Veterans Benefits Administration (VBA).
An end product (EP) 290 – NCA Eligibility Determination is established to control any incoming NCA requests for an eligibility determination regarding COD.
Note: The St. Louis Regional Office (RO) has the sole authority to process time of need COD eligibility determination requests. If another RO receives a time of need request in error, broker the claim to St. Louis RO and email DIR.VBASTL@va.gov to notify the St. Louis RO expedited processing is needed.
XIII.i.8.B.1.e. Actions to Take Upon Receipt of an Eligibility Determination Request
When NCA initiates a request for an eligibility determination regarding COD, follow the steps in the table below.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Does review of the claims folder indicate that an RO has previously prepared a COD determination? If yes, go to Step 5. If no, go to the next step. Reference: For more information on determining whether there is a prior binding COD determination, see M21-1, Part X, Subpart iv, 1.A.1.p and q. |
| 2 | Complete any necessary development that has not already been completed by NCA to render an administrative decision in the matter of COD, including requesting all available service department records (service treatment records, personnel records, and records of proceedings pertaining to the discharge) that have not otherwise been obtained by VA. Reference: For more information on collecting information on the facts and circumstances surrounding discharge, see M21-1, Part X, Subpart iv, 1.A.1. |
| 3 | Refer the case for preparation of an administrative decision that complies with the requirements set forth in M21-1, Part X, Subpart iv, 1.A.1. |
| 4 | Based on the outcome of the administrative decision, complete system updates as discussed in the Entering Character of Discharge (COD) Determinations Job Aid on the Character of Discharge (COD) Information Page. |
| 5 | Prepare a record-purpose award to clear the EP 290. |
Notes:
- VBA does not send a notification letter since NCA sends the claimant a decision notice with decision review options.
- The St. Louis RO is required to email a copy of the COD administrative decision directly to the NCA point of contact who submitted the time of need burial eligibility request. Upload a copy of the email to the claims folder.