Introduction to the GI Bill Case Fallout
A new lawsuit wants to force the Department of Veterans Affairs to stop shorting up to 1.7 million veterans out of their GI Bill benefits, after a recent U.S. Supreme Court decision expanded their ability to claim the education benefits. Attorneys for a group of veterans, including a Northwestern University graduate’s father, and the state of Virginia filed a lawsuit Thursday, at the U.S. Court of Appeals for the Federal Circuit in Washington, saying the VA is too narrowly applying the Supreme Court’s decision in Rudisill v. McDonough, which opened up additional GI Bill college benefits for veterans and their dependents.
Background of the Case
Like James Rudisill, the Army veteran whose case was decided at the high court, the veterans who are suing earned college benefits under both the older Montgomery GI Bill and the more generous Post-9/11 GI Bill, which helps pay for tuition, fees, housing and books. Federal law says veterans are entitled to tap both GI Bills for up to 48 months of college. Rudisill had multiple separate periods of service in the military and had used about 25 months of his Montgomery benefits. He later tried to use his Post-9/11 GI Bill benefits to reach the 48-month maximum. At the time, the VA said if he wanted to switch, Rudisill could get only the number of months remaining on his Montgomery plan converted to Post-9/11 benefits. That would give him 10 months of Post-9/11 benefits — not the 22 months he was expecting — and short him out of a year of school.
The Supreme Court Ruling
The Supreme Court ruled in Rudisill’s favor in April 2024, capping a nine-year battle in the lower courts. But the VA still has not paid Rudisill his benefits, the new lawsuit says. The VA has stated it will only apply the Supreme Court’s ruling to veterans who had a break in their service, which the lawsuit says leaves out military members who had uninterrupted service. The VA’s website says people must have “served at least two periods of service” to benefit from the Supreme Court decision. The lawsuit takes issue with that, saying the Supreme Court “does not focus on periods of service” but rather the length of service, which resulted in two different entitlements.
Reaction from Attorneys and Veterans
Chicago attorney Misha Tseytlin, of Troutman Pepper Locke and one of the attorneys representing the veterans, said the VA is “flouting” the Supreme Court’s decision and harming some of the longest-serving veterans.
Misha Tseytlin, partner at Troutman Pepper Locke
“The VA’s mistreatment of our nation’s veterans exhibits a shocking disregard for the service that these brave men and women have given to our nation, and its attempt to evade the Supreme Court’s holding is an insult to the rule of law,” Tseytlin said. Other plaintiffs in the case are the Veterans of Foreign Wars and the Iraq and Afghanistan Veterans of America.
Bipartisan Support for the Veterans
The veterans who are suing have garnered unprecedented bipartisan support, including from Attorney General Kwame Raoul and the attorneys general of 49 states and the District of Columbia, as well as the U.S. territory of Northern Mariana Islands. One of the vets is retired Lt. Col. Paul Yoon, a Virginia resident who served almost 24 years in the Army, including as a chaplain in Afghanistan, Iraq and Kosovo. Yoon had planned to transfer 14 months of his remaining GI Bill benefits to his daughter Elizabeth, a Northwestern University alum now attending Harvard Law School. The lawsuit says earlier this month, the VA determined that it would pay Elizabeth Yoon’s college costs. But the family is concerned because the VA’s guidelines that previously disqualified her and her father remain in place. Raoul called Yoon a “dedicated and decorated veteran” who “deserved to be recognized for the numerous sacrifices he and his family have made.”
Conclusion
The lawsuit against the VA is a significant step towards ensuring that veterans receive the education benefits they are entitled to. The Supreme Court’s decision in Rudisill v. McDonough has paved the way for veterans to claim additional GI Bill benefits, and it is essential that the VA applies this ruling fairly and consistently. The bipartisan support for the veterans and the involvement of prominent attorneys and organizations demonstrate the importance of this issue and the need for a resolution.
FAQs
Q: What is the GI Bill, and how does it work?
A: The GI Bill is a federal program that provides education benefits to veterans and their dependents. It helps pay for tuition, fees, housing, and books, and can be used for up to 48 months of college.
Q: What was the Supreme Court’s decision in Rudisill v. McDonough?
A: The Supreme Court ruled that veterans who earned college benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill are entitled to tap both GI Bills for up to 48 months of college, regardless of whether they had a break in their service.
Q: Why are veterans suing the VA?
A: Veterans are suing the VA because they claim that the agency is too narrowly applying the Supreme Court’s decision and is shorting them out of their education benefits.
Q: Who is supporting the veterans in their lawsuit?
A: The veterans have garnered bipartisan support, including from Attorney General Kwame Raoul and the attorneys general of 49 states and the District of Columbia, as well as the U.S. territory of Northern Mariana Islands.
Q: What is the outcome that the veterans are seeking?
A: The veterans are seeking to force the VA to stop shorting them out of their education benefits and to apply the Supreme Court’s decision fairly and consistently.
