Facts: Hmong Burial and Memorial Benefits
During the Vietnam War, special guerilla units and irregular forces in Laos were directed by the Central Intelligence Agency to disrupt North Vietnamese supply lines, rescue downed United States pilots, and protect the Laotian government from falling to the Communist Pathet Lao. Following the war, some of the individuals who served in these units were relocated to the United States as refugees. To expedite the U.S. citizenship process, the Hmong Veterans' Naturalization Act of 2000, ("2000 Act") was signed into law. Those eligible for naturalization purposes included individuals who served in special guerilla units and their spouses who applied for naturalization between May 26, 2000, and November 26, 2001, and the surviving spouses of individuals who served in these special guerilla units who were killed or died in Laos, Thailand, or Vietnam who applied for naturalization between November 1, 2000, and May 1, 2002.
In March 2018, VA’s burial eligibility statute in 38 U.S.C. § 2402 was amended to allow interment in a VA national cemetery only for those who were naturalized under Section 2(1) the 2000 Act, which required service in a special guerilla unit or irregular forces. This amendment of VA’s burial authority excluded spouses and surviving spouses. A second basis for determining VA burial eligibility was added that authorized VA to consider whether an individual met certain service requirements, but still excluded eligibility for a spouse or surviving spouse. Regulations to implement this authority are codified in 38 CFR §§ 38.619(a)(2) and 38.620(j).
VA Benefits Eligibility for Hmong Individuals
There are two bases for determining eligibility, for individuals who died on or after March 23, 2018, resided in the U.S. at the time of death, and was either:
- Naturalized under Section 2(1) of the Hmong Veterans' Naturalization Act of 2000 ("2000 Act"), or
- Served honorably with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time between February 28, 1961, and May 7, 1975, and at the time of the individual’s death, the individual was residing in the U.S. and either as a citizen of the United States or an alien lawfully admitted for permanent residence in the United States.
VA Benefits Provided Under 38 U.S.C. § 2402(a)(10)
Individuals determined to be eligible under 38 U.S.C. 2402(a)(10) may receive:
- Casket or cremation burial in a VA national cemetery with available grave space and Government-furnished headstone or marker, or
- A Government-furnished headstone or marker for eligible individuals who are buried in a private cemetery.
VA Programs Not Affected by 38 U.S.C. § 2402(a)(10)
- Burial in a VA-grant funded State or Tribal Veterans cemetery
- Medallion
- Memorial Headstone
- Burial Flag
- Presidential Memorial Certificate
- Military Funeral Honors provided by the Department of Defense
VA Assistance on Eligibility Requests
VA will work with Hmong families to make eligibility determinations under 38 U.S.C. 2402(a)(10). VA advises that those seeking eligibility under that law should provide a copy of their U.S. Certificate of Naturalization with Registration "A" number, which will be used to retrieve naturalization records from the U.S. Citizenship and Immigration Service so that VA can make its determination. In accordance with 38 CFR § 38.619(a)(2)(ii), VA will also accept the following types of documentation as evidence of service described below:
- Original documentation issued by a government agency officially documenting the service type, location, and dates served;
- An affidavit of the decedent’s superior officer attesting to the type of service, location, and dates served;
- Two affidavits from other individuals who were also serving with such a special guerilla unit or irregular forces and who personally knew of the decedent’s service; or
- Other appropriate evidence that factually documents the service, location, and dates served.
To request a Time of Need (means time of death) eligibility determination for someone who is deceased, the next of kin or funeral home may call the VA National Cemetery Scheduling Office at 1-800-535-1117. If the decedent is determined to be eligible, the next of kin or funeral home director may schedule a burial in a VA national cemetery with available grave space. When making the call, the next of kin or funeral home director should advise the scheduler that interment is requested under PL 115-141.
To request a Pre-Need (means before death) eligibility determination for purposes of burial planning for a living individual, the individual or next of kin should complete VA Form 40-10007, Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery, and fax the form to the VA National Cemetery Scheduling Office (NCSO) at 1-855-840-8299 or mail the form to:
NCSO
P.O. Box 510543
St. Louis, MO 63151
When completing the form (VA Form 40-10007), write "PL115-141" in Block 5, write the Certification of Naturalization Registration "A" number in Block 6, and select 'Other' in Block 13. If VA burial is requested at an eligible decedent's time of need for burial, VA will review the pre-need eligibility determination as part of the final eligibility determination.
VA Form 40-10007, Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery, can also be requested by contacting the VA National Cemetery Scheduling Office at 1-800-535-1117.
To request a headstone or marker for burial in a private cemetery, the next of kin or authorized applicant must complete VA Form 40-1330, Claim for Government Headstone or Marker. The VA Form 40-1330 must be faxed to VA at 1-800-455-7143 or mailed to:
Department of Veterans Affairs
Memorial Products Service (41B)
5109 Russell Road
Quantico, VA 22134-3903
When completing the form (VA Form 40-1330), write "PL115-141" and the Certification of Naturalization Registration "A" number in Block 33.
