Death & Survivor Benefits

Tennessee State Veterans Cemeteries

Burial at no fee in five state veterans cemeteries. A 2026 act opened eligibility to reserve and Guard members with eight years of service or any call to state orders, and made the no-fee rule reach the most recent spouse and dependent children.

Also called: 46-6-105, 46-6-107, veterans cemetery, interment, burial, Public Chapter 839, National Guard burial, NGB 22, headstone.

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Tennessee operates state veterans cemeteries in Nashville, two sites in Knoxville, Memphis and Parkers Crossroads. Interment is at no fee and the state provides the plot, the opening and closing of the grave, a permanent upright white marble headstone with a temporary marker while it is made, and perpetual care. Eligibility was rewritten in 2026 and the new rule is materially wider than the old one. Public Chapter 839, passed April 13, 2026 and effective on becoming law, deleted 46-6-105 and substituted a two-route test. The first route is the federal one: an individual who meets the eligibility criteria set forth in 38 U.S.C. 2402, which is the standard for burial in a national cemetery. The second route is Tennessee's own and it is the reason the act was passed. A member of a reserve component of the armed forces, the Army National Guard or the Air National Guard is eligible if discharged or released under honorable conditions and either served honorably in a reserve component for not less than eight years collectively, or was called up on state orders irrespective of the length of time honorably served. Both halves of that matter. Eight years collectively means a member who moved between components, or served in broken periods, can add them up. And a Guard member called up on state orders qualifies on the call-up alone with no minimum service at all, which reaches the member activated for a flood or a tornado response and separated shortly afterward. For a person eligible under the state route, the eligibility of the spouse, surviving spouse, minor child and dependent incapacitated child is determined under 38 U.S.C. 2402 rather than under state law. The act also rewrote the fee section. Section 46-6-107 now provides that the department shall not charge a fee for the interment of a veteran eligible under the federal route, a reserve or Guard member eligible under the state route, the most recent spouse of either, or a minor child or dependent incapacitated child as determined under 46-6-105(a)(2). "The most recent spouse" is a deliberate and unusual phrase, and it settles which spouse the entitlement follows where there has been more than one. The documents the department must accept are listed rather than left to discretion: NGB Form 22, NGB Form 438 or 439, DD Form 214, DD Form 256, 256AF or 257, the most recent discharge orders issued by the service branch, and any other official document satisfying the requirements for proof of service and character of discharge under 38 CFR 3.203. A Guard member who has never held a DD214 is expressly covered. Two limits. A person is not eligible for interment or memorialization where it would be prohibited under 38 U.S.C. 2411, the capital crimes and sex offender bar. And the department is directed not to implement the section in any manner that jeopardizes federal funds for construction, expansion or operation of the cemeteries, which is the clause that will govern if the state route is ever read to conflict with a federal grant condition. Pre-registration is not required but is worth doing, because it settles eligibility while the veteran is alive rather than at the point a family is arranging a funeral.

Thresholds

Thresholds for Tennessee State Veterans Cemeteries
GateRule
The federal route: 38 U.S.C. 2402 eligibilitySection 46-6-105(a)(1)(A) incorporates the national cemetery standard, which reaches a veteran discharged under conditions other than dishonorable, a member who died on active duty, and qualifying retirees and activated reservists.
Or eight collective years in a reserve component or the GuardSection 46-6-105(a)(1)(B), added by Public Chapter 839 of 2026. Discharged or released under honorable conditions, with not less than eight years served honorably in a reserve component, the Army National Guard or the Air National Guard, collectively.
Or any call-up on state orders, with no minimum serviceThe same subdivision qualifies a member called up on state orders irrespective of time honorably served.
No fee, including for the most recent spouse and dependent childrenSection 46-6-107 as rewritten in 2026 bars a fee for the eligible veteran or Guard member, the most recent spouse, and a minor child or dependent incapacitated child determined under 46-6-105(a)(2).
NGB forms and discharge orders are accepted proofThe department shall accept NGB Form 22, NGB Form 438 or 439, DD Form 214, DD Form 256, 256AF or 257, the most recent discharge orders, or any other document satisfying 38 CFR 3.203.
The 38 U.S.C. 2411 bar still appliesNo interment or memorialization where it would be prohibited under 38 U.S.C. 2411.

Documents the source lists

What the official source lists for an application, and where to get each document. It is a reference read from the source, not a full list of what the office may ask for; check with the office or an accredited representative before you apply. Needed means the source asks for it; Helps means the source calls it optional or says it speeds things up.

Sources

Legislation

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Public Chapter 839 of 2026 (Senate Bill 1888) Opened state veterans cemetery interment to Guard and reserve members

Catalog reconciledEnactedScope changed

114th General Assembly

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, date not recorded, step 6 of 6

Expands benefits Opened state veterans cemetery burial to Guard and reserve members with eight years of service or state call-ups.

Deleted and replaced 46-6-105 and 46-6-107. Interment is now open to anyone meeting 38 U.S.C. 2402, or to a member of a reserve component, the Army National Guard or the Air National Guard who was discharged or released under honorable conditions and either served honorably for not less than eight years collectively or was called up on state orders irrespective of time served. A Guard member activated by the Governor for a single emergency is eligible on the call-up alone. The act also listed the documents the department must accept, including NGB Form 22 and NGB Forms 438 and 439, so a Guard member who holds no DD214 has a route, and rewrote the fee section to bar any charge for the eligible member, the most recent spouse, and a minor or dependent incapacitated child. Passed April 13, 2026 and effective on becoming law. Tracked because it moved the line in the opposite direction from the state veterans homes, which under Attorney General Opinion 20-13 still exclude a general discharge under honorable conditions.

Sponsors

  • Jack JohnsonRepublican, Senate, District 27
  • William LamberthRepublican, House, District 44

And 38 co-sponsors

Touches Tenn. Code Ann. § 46-6-105 · Tenn. Code Ann. § 46-6-107

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.