Navy Veteran Files Suit Against VA, Challenges DOMA

 A Norwich woman has filed a lawsuit in federal court that challenges a Veterans Affairs’ decision to deny spousal benefits because of her same sex marriage. WNPRs Lucy Nalpathanchil reports

Carmen Cardona is an 18 year Navy veteran with a service related disability. Each month she gets a disability check from the government. After she was married, she applied for an increase under a spousal benefit available to military families. But she was denied because the VA follows the Defense of Marriage Act or DOMA which defines marriage as between opposite sex partners.

Cardona says she has served her country and deserves the same benefits as other veterans.

"It's $120. Is it a hardship for me, no. It's not the sole reason why I applied for it. The appeal, I applied for it to get the same rights as everyone else."

She's being represented by interns at the Yale Law School Veterans Legal Services Clinic. Her case will be heard before the Court of Appeals for Veterans Claims,  a federal court in DC that handles veteran benefit disputes. Yale Law School intern Melissa Ader says it’s the first case to be heard there that challenges the constitutionality of DOMA.

If Cardona loses her appeal, her case could still be heard before the federal circuit Court of Appeals and possibly, the Supreme Court.

For WNPR I’m Lucy Nalpathanchil