Carmen J. Cardona v. Eric K. Shinseki

ORDER

The appellant appeals through counsel an August 30, 2011, Board of Veterans’ Appeal (Board) decision that denied additional compensation for a dependent spouse under 38 U.S.C. § 1115 (Additional compensation for dependents). The Board denied the claim because the appellant’s spouse under Connecticut law — who is of the same sex as appellant — is not a spouse for purposes of VA benefits. See 38 U.S.C. § 101(31) (“The term ‘spouse’ means a person of the opposite sex who is a wife or husband.”).

On appeal, the appellant challenged section 101(31) and section 3 of the Defense of Marriage Act…