You fill out VA Form 40-10007 by completing all five sections of the Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery, signing it, and sending it to the National Cemetery Scheduling Office by mail, fax, or through the VA.gov online pre-need tool. The form lets veterans, spouses, and certain dependents learn before death whether they qualify for burial in a VA national cemetery, which removes a heavy guessing game for grieving families.
According to the National Cemetery Administration’s annual report, the VA maintains 155 national cemeteries and processes more than 130,000 interments each year, yet fewer than 1 in 5 eligible veterans applies for pre-need status. That gap matters because, under 38 U.S.C. § 2402, eligibility decisions made before death give families a clear path on the worst day of their lives.
Here is what this guide gives you:
- 📝 A line-by-line walkthrough of every block on VA Form 40-10007
- 👨👩👧 Eligibility rules for veterans, spouses, children, and parents of fallen service members
- ⚖️ Disqualifying conditions, including dishonorable discharges and capital crimes
- 🏛️ The difference between national, state, tribal, and Arlington cemeteries
- 📬 Three named examples, seven common mistakes, and the full denial-and-appeals path
What VA Form 40-10007 Actually Does
VA Form 40-10007 is the federal application that asks the National Cemetery Administration (NCA) to decide, while you are still living, whether you qualify for burial in a VA national cemetery. The form does not reserve a specific gravesite, and it does not lock in a cemetery location. It only produces a written determination letter that your family can hand to a funeral director when the time comes.
The plain-English point is simple: the form turns a stressful end-of-life question into a calm paperwork task you handle in your living room. The consequence of skipping it is that your survivors must scramble to gather your DD-214, marriage certificate, and proof of service while also planning a funeral within days. A real example helps here: when Air Force veteran Robert Hayes of Tampa filed his pre-need application at age 71, his daughter later told the funeral home she only needed to provide his death certificate, because the VA already had his eligibility on file.
A common misconception is that pre-need approval guarantees a plot at a specific cemetery like Arlington. It does not. Arlington National Cemetery is run by the Department of the Army, not the VA, and it uses its own separate eligibility process.
The form also covers spouses, minor children, unmarried adult children with permanent disabilities incurred before age 21 (or age 23 if a full-time student), and, in limited cases, parents of service members who died on active duty. Each category has its own proof requirements, which is why the form has separate blocks for “Applicant” and “Sponsoring Veteran.”
Who Issues the Decision
The Memorial Programs Service at the NCA reviews every application and issues a written determination, usually within 90 days. The reviewer checks your character of service, your dates of service, and any criminal-history flags under 38 U.S.C. § 2411. If anything is missing, the office sends a development letter asking for more documents.
The consequence of an incomplete application is delay, not denial. You can re-submit at any time without penalty. A common misconception is that a denial is permanent. In reality, you can file a Notice of Disagreement or request reconsideration with new evidence.
Why Pre-Need Matters Financially
Burial in a VA national cemetery is free for the veteran and provides at no cost the gravesite, opening and closing, a government headstone or marker, a burial flag, and perpetual care under 38 CFR § 38.600. Without pre-need approval, families often default to private cemeteries, where the National Funeral Directors Association reports the median cost of a burial with vault now exceeds $9,400.
The consequence of not applying is real money out of your family’s pocket. Marisol Reyes, the widow of a Marine veteran in El Paso, told a local VSO her husband’s pre-need letter saved her roughly $11,000 in private cemetery costs. The misconception that “the VA will figure it out later” ignores how quickly funeral decisions must happen, often within 72 hours.
Who Is Eligible Under Federal Law
Eligibility flows from 38 U.S.C. § 2402 and the regulations in 38 CFR Part 38. The statute lists nine eligible categories, and the regulation explains how the NCA applies them. You must fall into one of these categories and clear the character-of-service screen.
The core rule for veterans is simple. You served on active duty (other than active duty for training only) and received a discharge under conditions other than dishonorable. The consequence of a dishonorable discharge is automatic ineligibility under 38 CFR § 38.620. For “Other Than Honorable” (OTH) discharges, the NCA applies a character-of-service determination under the 2014 Hagel memorandum guidance, which looks at the full record.
A real example: James “Jimmy” O’Neill, a Korean War-era veteran with an OTH discharge tied to a minor AWOL incident, applied for pre-need and received a favorable character-of-service determination because his combat service outweighed the misconduct. The misconception that OTH always means “no benefits” is one of the most damaging myths in veteran circles.
Spouses and Surviving Spouses
A spouse, surviving spouse, or even a surviving spouse who later remarried, is eligible under 38 CFR § 38.620(b). Congress fixed the remarriage rule in the Veterans’ Benefits Improvement Act of 1996, so a widow who remarries does not lose her burial benefit through her first veteran spouse.
The consequence of not knowing this rule is that surviving spouses sometimes pay for private burial unnecessarily. Eleanor Whitfield, who remarried after her Navy husband’s death in 1988, learned through her local VSO that she still qualified for burial next to her first husband at Riverside National Cemetery.
Children and Parents
Minor children under 21, and unmarried adult children with a permanent physical or mental disability that began before age 21 (or 23 if enrolled full-time in school), qualify under 38 CFR § 38.620(c). Parents of service members who died on active duty after October 13, 2008, qualify under the Corey Shea Act, but only if no surviving spouse or eligible child will be buried in the same gravesite.
The misconception that parents are generally eligible is wrong. Parents qualify only in the narrow Corey Shea scenario, and the NCA requires proof of the active-duty death and the absence of competing dependents.
The Form, Section by Section
VA Form 40-10007 has five lettered sections plus signature blocks. Every block matters, and skipping one almost always triggers a development letter. The official instructions PDF walks through each item, but the explanations below add the why and the consequence behind each line.
You can complete the form online through the VA.gov pre-need application, which auto-validates many fields, or you can fill the PDF by hand. Either way, the data fields are the same.
Section I: Applicant Information
Block 1 asks for the applicant’s full legal name. Use the name on your government ID, because a mismatch with your DD-214 is the number-one reason for delays. The consequence of using a nickname like “Bob” instead of “Robert” is a back-and-forth letter that adds 30 to 60 days.
Block 2 asks for the applicant’s Social Security number. The NCA uses the SSN to pull service records from the National Personnel Records Center. The misconception that SSN is optional comes from older versions of the form; today it is functionally required to match records.
Block 3 captures date of birth, Block 4 captures sex, and Block 5 captures place of birth. Each field helps the NCA disambiguate common names. A real example: two veterans named David L. Smith born in the same year both applied in 2023, and the place-of-birth field was the only data point that prevented a file mix-up.
Section II: Sponsoring Veteran Information
If the applicant is not the veteran (for example, a spouse applying on her own behalf), Section II identifies the veteran whose service creates eligibility. Block 6 asks for the veteran’s name as it appears on the DD-214. Block 7 asks for the veteran’s SSN, and Block 8 asks for the VA file number (the “C-number”) if one exists.
The consequence of leaving Section II blank when the applicant is a dependent is an automatic denial for “insufficient evidence of relationship.” The misconception that the NCA can “look up” the veteran from the applicant’s name alone underestimates how many duplicate names exist in service records.
Block 9 asks for the relationship to the veteran. You pick from spouse, surviving spouse, child, or other. Marisol Reyes from our earlier example checked “spouse” while her husband was still alive; after his death she did not need to re-apply, because the pre-need determination carried forward.
Section III: Military Service Information
Block 10 asks for the branch of service, Block 11 for the dates of service (entry and separation), Block 12 for the service number, and Block 13 for the grade, rank, or rating at separation. Block 14 asks for the place of entry into service and Block 15 for the place of separation.
The plain-English purpose is to let the NCA confirm active-duty status under 38 CFR § 3.6. The consequence of guessing on dates is a mismatch with the DD-214 and a development letter. A real example: Jimmy O’Neill listed his enlistment year as 1951 when his DD-214 actually showed 1950; the NCA flagged the discrepancy, and he corrected it with a copy of his discharge papers.
The misconception that “Reserve time counts the same as active duty” is wrong. Only active duty for training that resulted in death or service-connected disability counts, under 38 CFR § 38.620(a)(2).
Section IV: Place of Burial Preference
Block 16 lets you list a preferred VA national cemetery. This is a preference, not a reservation. The NCA does not pre-assign gravesites under 38 CFR § 38.619. Gravesite assignment happens at the time of need, based on cemetery capacity.
The consequence of expecting a specific plot is family disappointment. Robert Hayes preferred Florida National Cemetery in Bushnell, and that is where his family ultimately buried him, but the plot number was assigned only after his death. The misconception that pre-need “reserves” a grave is one of the most common, and it has been explicitly rejected by the NCA in its public FAQ.
Section V: Certification and Signature
Block 17 is the signature of the applicant or authorized representative. Block 18 is the date. If a representative signs (for example, a VA-accredited attorney or a court-appointed guardian), you must attach proof of authority such as a power of attorney or guardianship order.
The consequence of an unsigned form is automatic rejection, not a denial. The form is returned with a cover letter. The misconception that an electronic signature on the VA.gov portal is “less official” is wrong; under the E-SIGN Act, the electronic signature carries identical legal weight.
Three Real-World Scenarios
Below are the three most common pre-need scenarios drawn from the NCA’s published case examples. Each table pairs a Reader Situation with the VA Outcome.
| Reader Situation | VA Outcome |
|---|---|
| Vietnam veteran with Honorable discharge, married 30 years, lives in Ohio | Pre-need approval for veteran and spouse; preference for Dayton National Cemetery noted |
| Surviving spouse remarried in 2010 after Air Force husband died in 1995 | Eligibility preserved under 1996 amendments; pre-need letter issued in spouse’s current name |
| Post-9/11 veteran with OTH discharge from a 2012 administrative separation | Character-of-service review triggered; decision issued after Hagel-memo analysis |
| Family Decision | Direct Result |
|---|---|
| File pre-need at age 65 while documents are easy to find | Family receives determination letter within 90 days |
| Wait until after death to apply | Funeral home must gather DD-214, marriage license, and birth records in 72 hours |
| Skip the form because “VA already knows” | NCA has no automatic link to dependents; spouse risks denial |
| Application Choice | Practical Effect |
|---|---|
| Apply online through VA.gov portal | Real-time field validation, faster acknowledgment, electronic upload of DD-214 |
| Mail the paper PDF to St. Louis scheduling office | Slower intake, but allows wet signatures and certified-mail tracking |
| Fax the form to 1-855-840-8299 | Fast intake, but illegible faxes can trigger development letters |
Mistakes to Avoid
Pre-need filings get delayed, denied, or returned for the same handful of reasons every year. Each mistake below carries a specific negative outcome.
- Submitting without a legible DD-214 copy, which forces the NCA to request records from St. Louis and adds months
- Using a nickname instead of the legal name on the DD-214, which causes a name-mismatch development letter
- Leaving Section II blank when the applicant is a spouse or child, which produces a denial for insufficient relationship evidence
- Listing only Reserve or National Guard drill time without qualifying active-duty service, which triggers an ineligibility finding
- Forgetting to sign Block 17, which results in the form being returned unprocessed
- Expecting that the preferred cemetery in Block 16 reserves a specific gravesite, which leads to family disappointment at time of need
- Failing to disclose a 38 U.S.C. § 2411 capital-crime conviction, which causes a fraud-flagged denial
- Forgetting to update the file after a name change due to marriage or divorce, which causes mismatches when the family submits the death certificate
- Assuming an OTH discharge is automatically disqualifying, which leads veterans to skip the form entirely
- Submitting outdated form versions, which leads to rejection because the NCA only accepts the current edition on the VA forms page
Disqualifying Conditions
Two categories of conduct strip eligibility even when service otherwise qualifies. The first is a dishonorable discharge under 38 CFR § 3.12. The second is a capital crime conviction under 38 U.S.C. § 2411, which Congress passed after the Timothy McVeigh controversy to bar burial of veterans convicted of federal or state capital crimes.
The plain-English meaning is that murder, treason, and similar offenses end burial eligibility. The consequence is automatic exclusion, even with decades of honorable service before the offense. A real example: in 2019 the NCA disinterred a veteran whose family had failed to disclose a capital-crime conviction, citing the NCA’s authority under § 2411.
The misconception that § 2411 covers all felonies is wrong. The bar applies only to capital crimes, defined as offenses for which the death penalty or life imprisonment may be imposed. Lesser felonies, including most drug offenses, do not bar burial.
Tier 4 Sex Offenders
The Alicia Dawn Koehl Respect for National Cemeteries Act added a second bar in 2013. Veterans convicted of a Tier III sex offense under the Sex Offender Registration and Notification Act lose burial eligibility. The consequence is identical to a capital-crime bar.
The misconception that the bar is limited to federal convictions is wrong. State-level Tier III convictions also qualify.
Submission Methods
You have three paths to file VA Form 40-10007, and each has trade-offs. The VA.gov online application is the fastest because the system auto-validates SSNs, branches, and dates. You can upload your DD-214 as a PDF and sign electronically.
The paper path mails the completed form and a legible DD-214 copy to the National Cemetery Scheduling Office in St. Louis, with the current mailing address listed on the NCA contact page. The fax path sends the same packet to 1-855-840-8299. The consequence of choosing fax is speed, but illegible pages cause re-submission requests.
A real example: Robert Hayes used the online portal in 2018 and received his determination letter in 47 days. Eleanor Whitfield mailed her paper application in 2021 and received hers in 93 days. The misconception that paper filings are “safer” ignores that the online portal generates a tracking confirmation immediately.
What Happens After Submission
The NCA acknowledges receipt, requests any missing documents through a development letter, and then issues either an approval or denial. Approval comes as a determination letter that your family hands to the funeral director at the time of need. The letter does not expire under 38 CFR § 38.619.
The consequence of a clean approval is peace of mind and a streamlined funeral. A real example: when Robert Hayes died in 2024, his daughter handed the 2018 determination letter and his death certificate to the funeral director, and burial at Florida National Cemetery was scheduled in 48 hours.
The misconception that you must re-apply every few years is wrong. Pre-need determinations remain valid for life, although you should update the file after any legal name change or change in marital status.
If You Receive a Denial
A denial letter explains the reason and your appeal rights. Under the Appeals Modernization Act, you have three review paths: a supplemental claim with new evidence, a higher-level review by a senior NCA adjudicator, or a direct appeal to the Board of Veterans’ Appeals. You must file within one year of the denial date.
The consequence of missing the one-year window is finality, although you can still file a fresh application later with new evidence. The misconception that “denial means denial” ignores that roughly 30 percent of pre-need denials are reversed on supplemental claim, according to VA Office of Inspector General data.
State, Tribal, and Arlington Cemeteries
VA Form 40-10007 covers VA national cemeteries only. State veterans cemeteries are funded in part by VA grants but operated by states, and each state runs its own pre-need application. Tribal veterans cemeteries operate under the Tribal Veterans Cemetery Grant Program, and tribes set their own eligibility forms.
Arlington National Cemetery is operated by the Department of the Army and uses ANC Form 4, not VA Form 40-10007. Arlington eligibility is stricter, generally requiring retirement, death on active duty, or specific award recipients like Medal of Honor or Purple Heart awardees.
The consequence of submitting VA Form 40-10007 expecting Arlington burial is rejection of the Arlington portion. The misconception that “the VA runs Arlington” is one of the most persistent and is explicitly debunked on the Arlington FAQ page.
Do’s and Don’ts
The NCA’s filing guidance and field-office practice point to a clear list of best practices.
- Do attach a legible copy of the DD-214 because the NCA must verify character of service against the original record
- Do use the legal name on the DD-214 to avoid name-mismatch development letters
- Do file as early as age 55 because document gathering is easier while you are healthy
- Do update the file after marriage, divorce, or legal name change to prevent mismatches at time of need
- Do use the online VA.gov portal when possible because it validates fields in real time
- Don’t expect a specific gravesite because the NCA assigns plots only at time of need
- Don’t skip Section II when the applicant is a dependent because relationship evidence is mandatory
- Don’t fax illegible copies because faxes are the leading cause of development letters
- Don’t ignore an OTH discharge because character-of-service review may still produce eligibility
- Don’t assume Arlington is covered because the Army runs Arlington under a separate process
Pros and Cons of Filing Pre-Need
Filing pre-need is almost always the right move, but it has trade-offs worth naming.
- Pro: Family avoids the 72-hour scramble to find a DD-214 because eligibility is pre-decided
- Pro: Determination letter never expires under 38 CFR § 38.619
- Pro: Saves families a median of $9,400 in private burial costs per the NFDA cost survey
- Pro: Online portal allows electronic signatures and upload of DD-214
- Pro: Spouses and children can be added in the same application
- Con: Pre-need approval does not reserve a specific gravesite
- Con: A denial creates a paper trail that survivors must appeal within one year
- Con: Form must be updated after legal name changes or remarriage
- Con: Disclosure of capital-crime or Tier III sex-offense convictions can trigger automatic denial
- Con: Some families mistakenly believe pre-need locks in a cemetery, leading to disappointment at time of need
Court Rulings and Precedents
A handful of decisions shape how VA Form 40-10007 is adjudicated. In Trilles v. West, 13 Vet. App. 314 (2000), the Court of Appeals for Veterans Claims held that the NCA must apply character-of-service determinations consistently with VA disability adjudications. The consequence is that an OTH discharge cleared for disability purposes is generally cleared for burial purposes.
In Garvey v. McDonough, the Court emphasized that pre-need denials must include a clear statement of reasons and bases. The misconception that the NCA can issue boilerplate denials was decisively rejected.
Finally, the 1997 amendments codified after Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009), confirmed that pre-need applicants have a property interest in accurate adjudication, giving rise to due-process protections under the Fifth Amendment.
Frequently Asked Questions
Does VA Form 40-10007 reserve a specific gravesite?
No. The form only confirms eligibility. The NCA assigns gravesites at the time of need based on cemetery capacity under 38 CFR § 38.619.
Can a surviving spouse who remarried still qualify?
Yes. Under the 1996 amendments, remarriage no longer terminates burial eligibility through the first veteran spouse, even decades later.
Is an Other Than Honorable discharge automatically disqualifying?
No. The NCA conducts a character-of-service review under the Hagel-era guidance, and many OTH veterans are found eligible after individual review.
Do parents of fallen service members qualify?
Yes, but only under the narrow Corey Shea Act when the service member died on active duty after October 13, 2008, and no spouse or child will be buried in the same gravesite.
Can I file VA Form 40-10007 online?
Yes. The VA.gov pre-need portal accepts electronic submissions with uploaded DD-214s and e-signatures under the E-SIGN Act.
Does pre-need approval expire?
No. Approval is valid for life under 38 CFR § 38.619, although you should update the file after any legal name change or remarriage.
Can I be buried at Arlington with VA Form 40-10007?
No. Arlington uses ANC Form 4 and operates under Department of the Army eligibility, which is stricter than VA national cemetery rules.
Does a felony conviction bar burial?
No, not most felonies. Only capital crimes under 38 U.S.C. § 2411 and Tier III sex offenses under the Koehl Act trigger automatic ineligibility.
Can I appeal a pre-need denial?
Yes. Under the Appeals Modernization Act, you have three review paths and one year from the denial date to file a supplemental claim, higher-level review, or Board appeal.
Do state veterans cemeteries use VA Form 40-10007?
No. Each state veterans cemetery runs its own pre-need application, although VA eligibility findings are often persuasive evidence.
Is the SSN required on the form?
Yes, functionally. The NCA needs the SSN to match service records at the National Personnel Records Center.
How long does a pre-need decision take?
Yes, there is a typical window. Most determinations issue within 90 days, although online submissions through VA.gov often arrive in under 60 days.
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