Case: Cardona v. Shinseki

11-03083 | No Court

Filed Date: 2011

Closed Date: March 11, 2014

Clearinghouse coding complete

Case Summary

Plaintiff is a disabled Navy veteran who was legally married to her same-sex spouse in Connecticut, but was denied an increase in her monthly disability benefits by the Department of Veterans Affairs because she and her spouse were a same-sex couple; the VA said that the Defense of Marriage Act (DOMA) precluded recognition of their same-sex marriage.

Plaintiff appealed the decision to the Court of Appeals for Veterans Claims (CAVC) on October 13, 2011. The case was stayed pending the U.S. Supreme Court's decision in Windsor v. United States (PB-NY-0017 in this Clearinghouse). Following that decision, on March 11, 2014, the CAVC dismissed the case as moot after the Department of Veterans Affairs said that it would neither defend nor enforce DOMA.

Summary Authors

Darren Miller (11/26/2012)

People


Judge(s)

Canady, Charles (Florida)

Eskenazi, Laura H. (District of Columbia)

Kasold, Bruce E. (District of Columbia)

Attorneys(s) for Plaintiff

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Campbell, R. Randall (District of Columbia)

Gunn, Will A. (District of Columbia)

Morris, Ronen (District of Columbia)

Washington, Carolyn F. (District of Columbia)

Other Attorney(s)

Active

Active

Judge(s)

Canady, Charles (Florida)

Eskenazi, Laura H. (District of Columbia)

Kasold, Bruce E. (District of Columbia)

Attorneys(s) for Plaintiff

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Campbell, R. Randall (District of Columbia)

Gunn, Will A. (District of Columbia)

Morris, Ronen (District of Columbia)

Washington, Carolyn F. (District of Columbia)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Walker, Mary Beth (District of Columbia)

Documents in the Clearinghouse

Document

Reply Brief of Appellee Secretary of Veterans Affairs

U. S. Court of Appeals for the Second Circuit

Aug. 3, 2011 Pleading / Motion / Brief

Brief of Appellee Secretary of Veterans Affairs

U. S. Court of Appeals for the Second Circuit

Aug. 3, 2011 Pleading / Motion / Brief

In the Appeal of Carmen J. Cardona

U. S. Court of Appeals for the Second Circuit

Aug. 30, 2011 Order/Opinion

Appellant's Principal Brief

U. S. Court of Appeals for the Second Circuit

April 19, 2012 Pleading / Motion / Brief

Order

U. S. Court of Appeals for the Second Circuit

2012 WL 3264497

Aug. 13, 2012 Order/Opinion

Brief of Intervenor-Appellee Bipartisan Legal Advisory Group of the U.S. House of Representatives

U. S. Court of Appeals for the Second Circuit

Aug. 31, 2012 Pleading / Motion / Brief

Appellant's Reply Brief

Supreme Court of the United States

Sept. 14, 2012 Pleading / Motion / Brief

Order

U. S. Court of Appeals for the Second Circuit

26 Vet.App. 472

March 11, 2014 Order/Opinion

Resources

Title Description External URL

Cardona v. Shinseki

Yale Law School

The clinic represented Carmen Cardona, a disabled Navy veteran who served her country honorably for eighteen years, in her successful application for spousal benefits. Ms. Cardona married another wom… March 11, 2014 https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/cardona-v-shinseki

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: 2011

Closing Date: March 11, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a disabled Navy veteran legally married to her same-sex spouse in Connecticut, but denied an increase disability benefits because she and her spouse were the same sex.

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Veterans Affairs, Federal

Case Details

Constitutional Clause(s):

Equal Protection

Special Case Type(s):

Out-of-court

Availably Documents:

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation