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11-3083 #207

11-3083 #207

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Published by Equality Case Files
Doc 207 - Secretary's additional clarification
Doc 207 - Secretary's additional clarification

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Categories:Types, Business/Law
Published by: Equality Case Files on Oct 30, 2013
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10/30/2013

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Case No.

11-3083

EQCF Dkt #207 Filed 10/29/2013

IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS CARMEN J. CARDONA, Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Appellee. ) ) ) ) ) ) ) ) ) )

Vet. App. No. 11-3083

RESPONSE TO COURT ORDER OF OCTOBER 22, 2013 Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), hereby responds to the Court order of October 22, 2013. The order directed the Secretary to clarify “why payments have not been issued to the appellant sua sponte” in light of the Secretary’s acknowledgement that he would no longer enforce the title 38 definition of “spouse” to the extent that it precludes recognition of same-sex marriages valid under state law. The Secretary states that, on October 29, 2013, he initiated the processing of payment on Appellant’s claim for additional benefits for a dependent spouse. In his October 4, 2013 supplemental memorandum of law on the issue of mootness, the Secretary asserted that there remained a case or controversy in this case only to the extent that jurisdiction lay with this Court rather than with the Board of Veterans’ Appeals (Board). However, in light of the Secretary’s actions to make payment of all monetary benefits due to Appellant on her underlying claim, her appeal of the August 30, 2011 decision of the Board that denied entitlement to additional compensation benefits is now moot. The appeal should therefore be dismissed. See Mokal v. Derwinski, 1 Vet.App. 12, 15 (1990)

(adopting “as a policy matter the jurisdictional restrictions of the Article III case or controversy rubric”). WHEREFORE, the Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, responds to the Court’s order of October 22, 2013 and states that payment has been initiated to Appellant on her claim of entitlement to additional benefits for a dependent spouse. Respectfully submitted, WILL A. GUNN General Counsel DAVID L. QUINN Acting Assistant General Counsel /s/ Carolyn F. Washington CAROLYN F. WASHINGTON Deputy Assistant General Counsel /s/ Ronen Morris RONEN MORRIS Appellate Attorney Office of the General Counsel (027D) U.S. Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 (202) 632-7113 Attorneys for Appellee Secretary of Veterans Affairs

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