38.631 Graves marked with a private headstone or marker.§ 38.631 Graves marked with a private headstone or marker.
(a) VA will furnish an appropriate Government headstone or marker for the grave of a decedent described in paragraph (b) of this section, but only if the individual requesting the headstone or marker certifies on VA Form 40-1330 that it will be placed on the grave for which it is requested or, if placement on the grave is impossible or impracticable, as close to the grave as possible within the grounds of the private cemetery where the grave is located.
(b) The decedent referred to in paragraph (a) of this section is one who:
(1) Died on or after November 1, 1990;
(2) Is buried in a private cemetery; and
(3) Was eligible for burial in a national cemetery, but is not an individual described in 38 U.S.C. 2402(4), (5), or (6).
(c) VA will deliver the headstone or marker directly to the cemetery where the grave is located or to a receiving agent for delivery to the cemetery.
(d) VA will not pay the cost of installing a Government headstone or marker in a private cemetery.
(e) The applicant must obtain certification on VA Form 40-1330 from a cemetery representative that the type and placement of the headstone or marker requested adheres to the policies and guidelines of the selected private cemetery.
(f) VA will furnish its full product line of Government headstones or markers for private cemeteries.(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0222) (Authority: 38 U.S.C. 501, 2306) [70 FR 4769, Jan. 31, 2005, as amended at 72 FR 53432, Sept. 19, 2007; 73 FR 27463, May 13, 2008]