VA ‘invented new reasons’ to deny GI Bill benefits, lawsuit claims
Stephanie Ann PaunescuVeterans say that the Department of Veterans Affairs has “invented new reasons to deny” former service members access to education benefits that many veterans qualify for, according to a new lawsuit.
The lawsuit, filed by veterans, advocacy groups, and the State of Virginia, alleges that the VA has blocked eligible veterans from using two GI Bills to pay for undergraduate and graduate degrees. While the Supreme Court cleared the way for some veterans to use both the Montgomery GI Bill and Post-9/11 GI Bill benefits, the lawsuit says, the VA has taken to requiring a formal “break in service” at some point in a career for a veteran to be eligible for both.
A 2024 Supreme Court case brought by Army veteran James Rudisill, veterans say, made clear that no break is required.
“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 said. “That is, the VA’s position is that a veteran needs a distinct ‘period of service’ — separated by a break — to establish eligibility under each benefit program. This contrived requirement has no basis in the U.S. Code, [the Supreme Court ruling for] Rudisill, or common sense.’”
A VA spokesperson told Task & Purpose that the agency “can’t comment on pending litigation.”
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Source: Task & Purpose
Website: taskandpurpose.com
