Noteboom The Law Firm

Gay Soldiers and Veterans Fighting for Equal Benefits

While the Department of Defense (DoD) will lose $55 billion in spending cuts every year for 10 years starting in 2013, gay soldiers are pushing for equality in the military by appealing to the federal government to repeal the Defense of Marriage Act, according to an article in The Kitsap Sun.

The Defense of Marriage Act serves to deny the “extension of federal benefits” to same-sex partners, which include the following: 

• ·        travel expenses;
• ·        health care; and
• ·        military allowances.

There are currently approximately 66,000 gay soldiers serving actively, which includes the Reserves and the National Guard. At the same time, there are 14 DoD-sponsored programs, which allow active duty soldiers to choose beneficiaries of their liking, without regard to their sexual orientation; however, soldiers could not name same-sex partners as beneficiaries without that becoming a “telling.”

Certain programs, such as the survivor benefits plan, allow soldiers to pick whomever they choose to be a beneficiary as an “insurance interest” but they must pay more money than soldiers naming a spouse as a beneficiary. Same-sex partners who have a marriage license, however, are not eligible to name their spouse in this plan for their veteran’s benefits.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today – 1-888-234-5758.