Department of Veterans Affairs headquarters (Photo: Michael Meotti)
Two national Veterans advocacy groups, alongside the Virginia Attorney General’s Office, have filed a legal challenge over a policy implemented by the VA that they say prevents many veterans from receiving the full education benefits tied to their service.
The VFW and Iraq and Afghanistan Veterans of America filed the lawsuit March 5 in the U.S. Court of Appeals for the Federal Circuit. The case challenges a VA rule requiring Veterans to have a formal break in military service before they can access education benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill.
The legal fight comes after a 2024 ruling from the U.S. Supreme Court in Rudisill v. McDonough, which clarified that veterans who qualify for both programs can use up to 48 months of combined education benefits.
Related Article: ADDITIONAL GI BILL BENEFITS GRANTED TO VETERANS WITH MULTIPLE SERVICE PERIODS FOLLOWING SUPREME COURT DECISION
Despite that decision, the lawsuit argues the VA continues enforcing a rule requiring Veterans to demonstrate two separate periods of service divided by a break before qualifying for benefits under both programs.
“The VA imposed rules that, among other things, create a break-in-service requirement for Veterans to obtain benefits under both GI Bills,” the lawsuit states. “This contrived requirement has no basis in the U.S. Code, [the Supreme Court ruling for] Rudisill, or common sense.”
Representatives from the VA declined to comment while the case moves through the courts.
The state of Virginia joined the lawsuit, arguing that when Veterans cannot access their federal education benefits, the financial burden often falls to state-supported higher education programs.
Under the Montgomery GI Bill, qualifying Veterans receive monthly payments to help cover education expenses. The Post-9/11 GI Bill can cover the full cost of tuition at many colleges and universities and also provides additional support, including housing allowances and book stipends.
Veterans groups argue the VA’s interpretation of eligibility rules has already affected a large number of former Service Members. According to data referenced in the lawsuit, more than 1,039,000 claims may have been denied while the Rudisill case was moving through the courts.
Attorneys representing the plaintiffs say the policy disproportionately affects long-serving Veterans. Those who attempt to use benefits from both GI Bill programs are often older students with families. They typically served five years or more on active duty.
Several Veterans included in the lawsuit served between six and 24 years but were denied access to both programs because their service was continuous. Attorneys argue the policy can create situations where a Veteran who served continuously for decades receives fewer education benefits than someone who served a shorter period but left the military and later reenlisted.
Advocates say the outcome of the case could determine whether thousands of Veterans can fully use the education benefits tied to their military service.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
