The Code of Federal Regulations (CFR) 38.632 "Headstone and Marker Application Process" became effective on July 1, 2009. This regulation describes the processes required to apply for a Government headstone and marker, as well as request a new emblem of belief be added to the list of emblems available for inscription on headstones and markers.
Under 38 CFR 38.600(a)(1) only the following individuals may apply for a burial headstone or marker:
1) a decedent’s family member;
2) a personal representative;
3) a representative of a Congressionally-chartered Veterans Service Organization;
4) an employee of a state or local government whose official responsibilities include serving veterans;
5) any individual who is responsible, under the laws of a state or locality, for the disposition of unclaimed remains or matters related to the decedent’s interment or memorialization; or
6) any individual, if the dates of service of the veteran ended prior to April 6, 1917.
Note: For memorial headstones and markers that commemorate the memory of an eligible individual, the applicant must be a member of the decedent’s family, 38 CFR 38.600(a)(2).
Under 38 CFR 38.600(a)(1) the following individuals may apply for a medallion:
1) a decedent’s family member;
2) a personal representative;
3) a representative of a Congressionally-chartered Veterans Service Organization;
4) an employee of a state or local government whose official responsibilities include serving veterans;
5) any individual who is responsible, under the laws of a state or locality, for the disposition of unclaimed remains or matters related to the decedent’s interment or memorialization.
For a Government-furnished burial or memorial headstone or marker to be placed in a private cemetery, a VA Form 40-1330, Claim for Standard Government Headstone or Marker must be submitted by an individual as defined above. For a Government-furnished medallion to be affixed to a headstone or marker in private cemetery, a VA Form 40-1330M, Claim for Government Medallion for Placement in a Private Cemetery must be submitted by a member of the decedent's family. When requesting the MOH Medallion, check "OTHER" in block 11 and specify MOH.
To expedite the processing of the claim, please submit the Veteran's military discharge documents and death certificate. Do not send original documents, as they will not be returned.
Note: VA is not authorized to furnish a Government headstone or marker for dependents buried in a private cemetery.
Note: In order to protect the physical integrity of the headstone or marker, as well as the inscription content, format, and structure, the National Cemetery Administration (NCA) does not authorize the addition of inscriptions or emblems by any other entity after NCA inscribes the headstone or marker. There is no authority, regardless of past practice, to reserve space for future inscriptions or emblems by private or local contractors.
When burial or memorialization is in a national, post, or state Veterans' cemetery, a headstone or marker will be ordered by the cemetery officials based on inscription information provided by the next of kin.