Does lawful same sex marriage affect your VA benefits?

If you came looking for an answer to this question, you won't find it here -- yet. On November 29, 2012, the Court of Appeals for Veterans Claims (CAVC) will hear oral arguments in Cardona v. Shinseki, a case which raises this very question. In 2010, Carmen Cardona, a Navy veteran, applied for service-connected disability benefits for her dependent wife. The VA Regional Office in Hartford, Connecticut, was barred from recognizing Cardona's marriage under the "Defense of Marriage Act (DOMA)", found at 38 U.S.C. § 101(31), which defines a "spouse" as "a person of the opposite sex", and denied her claim. Cardona appealed the decision to the Board of Veterans Appeals (BVA), which affirmed the denial of disability benefits in a same sex marriage. The Board of Veterans Appeals (BVA) did not reach the constitutional issues as it does not have jurisdiction over constitutional issues. In October 2011, Cardona filed an appeal in the United States Court of Appeals for Veterans Claims (CAVC). The US Attorney General (Eric Holder) reaffirmed his conclusion that the Defense of Marriage Act (DOMA) violates the equal protection component of the Fifth Amendment to the United States Constitution and that the Department Veterans Affairs had not identified any justifications that would warrant  different treatment. In May, 2012, the Department Veterans Affairs announced that it would not defend the denial of benefits to veterans married to same-sex spouses on equal protection grounds. That same month, the so-called "Bipartisan Legal Advisory Group" (BLAG) of the U.S. House of Representatives moved to intervene in the case to defend the constitutionality of Defense of Marriage Act (DOMA). The oral arguments will be heard on November 29, 2012. I expect that whatever decision results will be appealed, and I can see this being one of the handful of Veteran's cases that trickles up to the Supreme Court of the United States. In the meantime, Gay and Lesbian Veterans who were dishonorably discharged for homosexuality under the military's now-repealed "Don't Ask Don't Tell" policy should give consideration to upgrading their discharge and filing for Veterans disability benefits. If you are a Gay or Lesbian Veteran who was dishonorably discharged for homosexuality (or deviant sexual conduct, or whatever label commanding officers put on being gay or lesbian) in the last fifteen (15) years from the date you are reading this, the Attig Law Firm might be able to help - at the very least, we may be able to offer a free consultation, so contact the Attig Law Firm. **********

The Attig Law Firm represents US Veterans in their disability benefits claims to the VA.  The Attig Law Firm represents Veterans nationwide before the Board of Veterans Appeals (BVA), or the Court of Appeals for Veterans Claims (CAVC).

For claims at the VA Regional Office level, the Attig Law Firm focuses its efforts on Veterans (and the Surviving Spouses of Veterans) in Texas, Arkansas, Colorado, Pennsylvania, North Carolina, and South Carolina.

If you are a Veteran (or a surviving spouse of a Veteran) and have a claim before the Board of Veterans Appeals (BVA), or the  Court of Appeals for Veterans Claims (CAVC), it is very important that you consider hiring an attorney with experience handling such claims.  Even if you don't hire the Attig Law Firm - find a reputable and competent attorney to help you with your Court of Appeals for Veterans Claims (CAVC) Appeal.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, there may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that the Attig Law Firm notes that each and every Veteran's claim is different. Just because the Attig Law Firm was able to secure substantial past-due benefits for one Veteran or Veteran's spouse does not mean or imply that we will be able to do so for you.   In some cases, the Attig Law Firm may not be able to secure any financial compensation or past-due benefits due to the facts or law of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultationwith a VA Benefits attorney.