Current arguments before the U.S. Supreme Court on the Defense of Marriage Act will effect gay couples that are married and their enttilement to veterans' benefits, particularly additional compensation for spouses and survivors benefits, such as widow/widower death pension, education benefits, CHAMPUS, and Dependency and Indemnity Compensaton. The VA General Counsel has refused to defend the Board of Veterans' Appeals decision denying benefits to spouses in married gay couples, and has argued in Court that the Defense of Marriage Act is unconstitutional and that gay spouses are entitled to the same benefits. Outside groups have stepped in to argue against married gay couple benefits.

The U.S. Court of Appeals for Veterans Claims has stayed proceedings in the case pending the outcome of the the Supreme Court.

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