Veterans Challenge VA Over GI Bill Eligibility Following Supreme Court Ruling

Two retired military members have sued the Department of Veterans Affairs (VA), saying that the agency is wrongly not giving them education benefits even though the Supreme Court ruled that about 1.7 million more veterans should be able to use the GI Bill.

Lawyers for retired Army Lt. Col. Paul Yoon and retired Air Force Col. Toby Doran say that the Supreme Court's decision in Rudisill v. McDonough last year confirmed that veterans who earned benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill are entitled to up to 48 months of combined benefits, instead of the 36 months that are allowed under each program.

The VA, on the other hand, says that the extra year is only given to soldiers who have had a break in service, like the plaintiff in the Rudisill case.

At the end of April 2023, the Supreme Court said that James Rudisill, a warrior who had been an enlisted soldier and then an officer, could benefit from both programs. If a veteran benefits under the Montgomery and Post-9/11 GI Bills, they are entitled to both, wrote Justice Ketanji Brown Jackson in the ruling.

Lawyers from Troutman Pepper Locke, who worked with Rudisill and now work with Yoon and Doran, say that the VA is wrongly limiting eligibility, which keeps thousands of soldiers from getting all their benefits.

The lawsuit also says that the VA has not set up a way for qualified veterans to get their extra benefits from a previous period, which means that many are having trouble paying for school.

Both plaintiffs were in the service for more than 23 years and got benefits from the GI Bill.

Grad school cost Paul Yoon 34 months of his Montgomery GI Bill. He tried to give his daughter the last 14 months of the Post-9/11 GI Bill so she could go to Harvard Law School. The VA instead gave him less than two months, which was how much time was left on his Montgomery GI Bill.

Doran went to college for 34 months with the help of his Montgomery GI Bill. He could get the Post-9/11 GI Bill after he finished his time as an officer. He tried to give his son 14 months of benefits so that he could go to Oregon State University, but he was only given two months.

Because of the VA's choice, both families have difficulty paying their bills and have asked for emergency help.

Lawyers for the states and lawyers general from all 50 states, the District of Columbia, and the Northern Mariana Islands have filed a brief supporting the case. They say that the VA's narrow reading goes against the Supreme Court's decision and keeps veterans from getting the benefits they deserve.

"For years, the VA has denied veterans rightfully earned education entitlements under a cramped reading of the two GI Bills," the brief says. "The VA's denial of petitioners' claims here cannot be squared with Rudisill’s clear reasoning."

Before the Rudisill decision, the VA thought that 1.04 million veterans might be able to get extra benefits and said it would automatically look over claims for 660,000 veterans. On the other hand, lawyers say that many soldiers have already been wrongly turned down.

The VA won't comment on ongoing lawsuits, so the court's help could ensure that soldiers receive all the promised benefits.

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