Cardona v. Shinseki

Cardona v. Shinseki
CourtUnited States Court of Appeals for Veterans Claims
Full case nameCarmen J. Cardona,
Appellant,
v.
Eric K. Shinseki,
Appellee.
CitationCAVC Case Number 11-3083
Case history
Appealed fromBoard of Veterans' Appeals Decision, Docket Number 11-01 921 (August 30, 2011)
Related actions
Court membership
Judge sittingBruce 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]


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  1. ^ Miller, Joshua Rhett (October 13, 2011). "Disabled Navy Veteran in Same-Sex Marriage to Sue for Benefits". FoxNews.com.
  2. ^ Dao, James (October 12, 2011). "Denied Veterans Benefits Over Same-Sex Marriage, Ex-Sailor Challenges Law". New York Times.
  3. ^ "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.
  4. ^ "Cardona v. Shinseki, Yale Law School Veterans Legal Services Clinic". Retrieved November 30, 2014.

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