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Section 837.7004: Administrative necessity.

(a) VA may make arrangements and assume expenses for local burial under separate contractual agreement when:

    (1) A person dies under VA care who is not legally entitled to such care at VA’s expense;

    (2) No relatives or friends claim the remains; and

    (3) The municipal, county, or State officials refuse to provide for final disposition.

(b) When the contracting officer cannot obtain a full and complete funeral and burial service as prescribed in 837.7003 within the statutory allowance, before taking any further action, the contracting officer will secure from the facility or VISN director, as appropriate, a written determination that VA must accomplish the disposition of the remains as an administrative necessity. The facility director will also authorize in writing the expenditure of such additional funds as may be necessary for this purpose.

(c) The contracting officer will make the facility director’s determination and authorization a part of the contract file. (38 U.S.C. 2302)




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