You can apply to find out in advance if you can be buried in a VA national cemetery. This is called a pre-need determination of eligibility—and it can help make the burial planning process easier for your family members in their time of need. Follow the steps below to apply.
A. Eligibility for interment in the New Hampshire State Veterans Cemetery (NHSVC) or receipt of a memorial marker is based on laws passed by Congress and incorporated into Title 38 of the United States Code (Veteran’s Benefits). Interment at NHSVC or the provision of a memorial marker will be permitted only after eligibility has been conclusively determined in accordance with the requirements and procedures reflected in the Department of Veterans Affairs (VA) National Cemetery Administration (NCA) directive 3210/1, U.S. Code Title 38, NH Revised Statute § 21:50 (2019), and the Burial Equity Act for Guards and Reserves Act (2022).
B. For interment at the NHSVC, the veteran's character of discharge or separation from military service cannot be dishonorable or bad conduct. Typically, an honorably discharged veteran who served on active duty is eligible. Honorably discharged members of the Selected Reserve (Army, Air Force, Coast Guard, Marine Corps, Naval Reserve, Air National Guard or Army National Guard) are eligible if they qualify for military retirement pay upon reaching age 60, were placed on and completed Federal Active Duty (other than Active Duty for Training) during their term of service, completed at least one enlistment or, in the case of an officer, period of initial obligation, were discharged for disability incurred or aggravated in line of duty, or died while a member of the Selected Reserve.
C. Veterans may pre-apply for interment at the NHSVC. Determination of eligibility is based on the most current NCA directives, including the Burial Equity for Guards and Reserves Act (2022). As NCA directives change, the NHSVC will adopt the most current NCA rules and guidelines.
D. Effective May 17, 2023, any veteran or family member who is convicted of a Tier III sexual offense and/or registered as a Tier III sex offender is ineligible for interment at the NH State Veterans Cemetery. If an eligibility application was previously approved, eligibility will be revoked. If a veteran applicant’s eligibility is revoked, any living, non-veteran dependent is also deemed ineligible. If a conviction is under appeal, eligibility determination will be suspended pending final adjudication. The NH Adjutant General maintains final eligibility decision authority on any applicant.
E. The NHSVC requires a completed application form to establish eligibility of the veteran and dependent(s). The cemetery director is responsible for determining eligibility.
F. It is the responsibility of the veteran, the veteran's next-of-kin, or a designated agent to furnish documentation necessary to establish eligibility prior to any veteran or dependent interment. Applicants must provide official paperwork that indicates the term of service and characterization of discharge. A list of acceptable discharge documents can be found at https://www.va.gov/records/discharge-documents/.
G. Eligibility for dependents is based on the veteran’s eligibility IAW NCA Directive 3210/1, Section III. Below are the most common examples of dependents. Inquire with the cemetery office or refer to NCA Directive 3210/1, Section 3 for other examples.
(1) Non-veteran spouse of eligible veteran
(2) Unmarried minor child of an eligible veteran (including adopted child or stepchild who is a member of the veteran’s household). A minor child is a person who is unmarried and under 21 years of age, or under 23 years of age if pursuing a full-time course of instruction at an approved educational institution.
(3) An unmarried adult child of a veteran who became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution.