The US Court of Appeals for the Federal Circuit made a decision that could require the VA to pay Veterans another year of education benefits under both the Montgomery and the Post-9/11 GI Bill.
This decision came as a result of a case from Jim Rudisill, an Army Veteran. He argued that since he served two terms, he was entitled to the maximum education benefits provided by the VA (which is capped at 48 months). He already used 25 out of the 36 months provided by the Montgomery GI Bill to earn his undergraduate degree. However, he was denied to receive 23 months of benefits from the Post-9/11 GI Bill.
The VA disagreed with providing the 48 months requested by Jim Rudisill. The case went to the US Court of Appeals for Veterans Claims. In 2019, the court’s decision stated that both the Mongomery and Post-9/11 GI Bill programs don’t require a veteran who has more than one term of service to relinquish or use up all benefits of the Montgomery GI Bill program before receiving help from the Post-9/11 GI Bill. This is a ruling in favor of Rudisill.
Jim Rudisill’s case was not a class-action lawsuit. Meaning it can only serve as a precedent for other Veterans to cite in their fight for benefits. The number of veterans who may benefit from this ruling is unknown; if you’re a veteran who may benefit from this ruling, contact us so we may assist you in acquiring full benefits.
According to Rudisill’s attorney, Tim McHugh, the decision “has the potential to restore billions of dollars … to military service members of the Post-9/11 era.”