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Cardona v. Shinseki
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Cardona v. Shinseki : ウィキペディア英語版
Cardona v. Shinseki

''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 dependant wife of a female veteran. 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. 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.〔(【引用サイトリンク】title= Cardona v. Shinseki'', 26 Vet. App. 472 (2014) )〕 Cardona subsequently received full payment of her spousal benefits, retroactive to her date of application.〔(【引用サイトリンク】title= Cardona v. Shinseki, Yale Law School Veterans Legal Services Clinic )
==Proceedings in the Department of Veterans Affairs==

Carmen Cardona, a veteran of the United States Navy, applied in 2010 for service-connected disability benefits for her dependent wife.
The Veterans' Affairs Regional Office in Hartford, Connecticut, declined to recognize Cardona's marriage. Title 38 of the United States Code, which relates to veterans' benefits, defines a "spouse" as "a person of the opposite sex who is a wife or husband". The federal regulation that tracks and implements Title 38 defines "spouse" as "a person of the opposite sex" who meets certain requirements.
Cardona appealed the decision to the Board of Veterans' Appeals (BVA), which confirmed the denial of disability benefits based on its conclusion that Cardona's wife is not a "spouse" for purposes of veterans' benefits even though their marriage is valid under Connecticut law. The BVA did not reach the constitutional issues raised by Cardona's legal counsel because it claimed lack of jurisdiction and legal authority.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Cardona v. Shinseki」の詳細全文を読む



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