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According to an article in The New York Times, Carmen Cardona, a Naval veteran, requested an increase in her veterans disability benefits after she married her partner but her local Department of Veterans Affairs (VA) denied her claim under a federal statute defining a person's spouse as being of the "opposite sex."
Cardona plans to file suit in the Court of Appeals for Veterans Claims to challenge "the constitutionality of two federal laws that define marriage as being between opposite-sex partners." Her argument is of the government's definition of marriage is a violation of her 5th Amendment rights. Additionally, her suit attacks the 1996 Defense of Marriage Act that precludes the "federal government from recognizing same-sex marriages."
This suit is the first time the Defense of Marriage Act has been attacked through the Veterans Court of Appeals. It isn't surprising federal rules on marriage are being challenged given the coupling of more states recognizing same-sex marriage with the end of the Don't Ask Don't Tell ban.
President Obama recently ordered the Department of Justice to "stop defending the Defense of Marriage Act against lawsuits challenging its constitutionality." Challenges to veterans claims cases, however, are defended by VA lawyers, which may "chart a different legal course."
Nevertheless, if Cardona were to lose, she can still appeal to the Federal Circuit and the United States Supreme Court, if necessary.
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 veterans disability rights firm today - 1-888-234-5758.
Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.
At LaVan and Neidenberg, we are determined to secure veterans their rightful disability compensation and disability rating. We wrote this book for you! In it you will find valuable tips on how to navigate the claims process and avoid common pitfalls. Request your FREE copy today!
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