Veterans

August 31, 2013

Judge: VA can’t deny benefits to lesbian Army vet

AP

A judge in Los Angeles ruled Aug 29 that a lesbian Army veteran and her spouse should be entitled to disability benefits given the recent Supreme Court ruling that struck down part of the Defense of Marriage Act.

U.S. District Judge Consuelo Marshall said that a federal code defining a spouse as a person of the opposite sex is unconstitutional “under rational basis scrutiny” since the high court’s decision allowing legally married gay couples the right to health care benefits.

“The court finds that the exclusion of spouses in same-sex marriages from veterans’ benefits is not rationally related to the goal of gender equality” in the code, Marshall wrote in her four-page ruling.

The Department of Veterans Affairs denied an application from veteran Tracey Cooper-Harris and her spouse seeking additional money and benefits that married veterans are entitled to receive. Cooper-Harris suffers from multiple sclerosis and receives disability benefits.

She and Maggie Cooper-Harris got married in California during the brief period in 2008 when same-sex unions were legal in the state. The plaintiffs’ attorneys had said previously the couple would receive about $150 more a month in disability payments, and Maggie Cooper-Harris would be eligible for about $1,200 a month in survivor’s benefits if her wife died.

The Justice Department had asked for Cooper-Harris’ case to be tossed on the grounds that veterans’ claims can be heard only by an administrative Board of Veterans’ Appeals. But Marshall said the case could move forward.

The law on VA benefits specifically defines spouse and surviving spouse as someone of the opposite sex, which has prevented same-sex married couples from accessing such benefits as enhanced disability or pension payments.

In a letter to Sen. Jeanne Shaheen, D-N.H. earlier this month, VA Secretary Eric Shinseki said no court had deemed the provision unconstitutional, nor has Congress taken up a bill to change the definition of spouse. He noted, however, that if spousal definitions were determined to be unconstitutional, the agency would be prepared to update its policies.

The Defense Department has said that same-sex spouses of military members will be eligible for the same health care, housing and other benefits enjoyed by opposite-sex spouses starting Sept. 3.




All of this week's top headlines to your email every Friday.


 
 

 

Headlines March 2, 2015

News: Israel lobbies for more missile defense funds than Obama sought - For the second consecutive year, Israeli officials have asked the U.S. Congress to add more than $300 million to President Barack Obama’s budget request for their nation’s missile-defense programs.   Business: Inside one of the most intense, and unusual, Pentagon contracting wars - The much-anticipated...
 
 

News Briefs March 2, 2015

Italy resumes Navy exercise amid new tensions over Libya The Italian Navy is resuming exercises in the Mediterranean Sea, including near the coast of Libya, amid concerns about rapidly deteriorating security in the North African nation. The exercise began March 2 and includes anti-submarine, anti-aircraft and anti-ship training operations. The exercise was suspended for a...
 
 
LM-AEHF

Ingenuity drives Lockheed’s AEHF program to production milestone early

Lockheed Martin has successfully integrated the propulsion core and payload module for the fourth Advanced Extremely High Frequency (AEHF) satellite nearly five months ahead of schedule. Reaching this critical milestone early a...
 

 

First all-electric propulsion satellites send first on-orbit signals

Two Boeing 702SP (small platform) satellites, the first all-electric propulsion satellites to launch, have sent initial signals from space, marking the first step toward ABS, based in Bermuda, and Eutelsat, based in Paris, being able to provide enhanced communication services to their customers. Whatís more, the satellites were launched as a conjoined stack on a...
 
 

GA-ASI, Sener team to offer Predator B to Spain

General Atomics Aeronautical Systems, Inc. and SENER, a leading Spanish engineering company, announced March 2 that they have signed a teaming agreement that promotes the use of the multi-mission Predator B® RPA to support Spain’s airborne surveillance and reconnaissance requirements.  GAASI is a leading manufacturer of Remotely Piloted Aircraft systems, radars, and electro-optic and relate...
 
 
raytheon-satellite

Raytheon’s ‘Blue Marble’ imaging sensor delivered on schedule

Raytheon has delivered a second Visible Infrared Imaging Radiometer Suite instrument to support the National Oceanic and Atmospheric Administration’s Joint Polar Satellite System mission. The second VIIRS unit will fly ab...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>