| Cardona v. Shinseki | |
|---|---|
 | |
| Court | United States Court of Appeals for Veterans Claims |
| Full case name | Carmen J. Cardona, Appellant, v. Eric K. Shinseki, Appellee. |
| Citation | CAVC Case Number 11-3083 |
| Case history | |
| Appealed from | Board of Veterans' Appeals Decision, Docket Number 11-01 921 (August 30, 2011) |
| Related actions | |
| Court membership | |
| Judge sitting | Bruce E. Kasold |
| Keywords | |
| Defense of Marriage Act, Fifth Amendment, Equal protection, Tenth Amendment, Bill of Attainder, Same-sex marriage | |
Cardona v. Shinseki was an appeal brought in the United States Court of Appeals for Veterans Claims (CAVC) of a decision by the Board of Veterans' Appeals upholding the denial of service-connected disability benefits for the dependent wife of a female veteran.[1] The United States Department of Veterans Affairs denied the disability benefits based on the definition of "spouse" as "a person of the opposite sex" under federal statute.[2] On March 11, 2014, the CAVC dismissed the case as moot after the Secretary of Veterans Affairs advised the Court that he would neither defend nor enforce the federal statute.[3] Cardona subsequently received full payment of her spousal benefits, retroactive to her date of application.[4]
Cite error: There are <ref group=n> tags on this page, but the references will not show without a {{reflist|group=n}} template (see the help page).
- ^ Miller, Joshua Rhett (October 13, 2011). "Disabled Navy Veteran in Same-Sex Marriage to Sue for Benefits". FoxNews.com.
- ^ Dao, James (October 12, 2011). "Denied Veterans Benefits Over Same-Sex Marriage, Ex-Sailor Challenges Law". New York Times.
- ^ "Cardona v. Shinseki, 26 Vet. App. 472 (2014)" (PDF). March 11, 2014. Archived from the original (PDF) on December 5, 2014. Retrieved November 30, 2014.
- ^ "Cardona v. Shinseki, Yale Law School Veterans Legal Services Clinic". Retrieved November 30, 2014.