A group of veterans, represented by attorneys including Misha Tseytlin of Troutman Pepper, are suing the Department of Veterans Affairs for denying education benefits promised under the GI Bill, as reported by the Chicago Sun-Times. According to the lawsuit, the VA is not following the U.S. Supreme Court’s decision from April 2024 in the case of Rudisill v. McDonough, which should allow veterans up to 48 months of college if they qualify for both the Montgomery and Post-9/11 GI Bills.
In the suit, the veterans maintain that the VA is misinterpreting the ruling by expecting veterans to have had breaks in their service to be eligible to claim the expanded benefits, which are now supposed to extend to those with uninterrupted service. Virginia Attorney General Jason Miyares also filed a lawsuit on behalf of the state, suggesting the VA's stance has compounded their burden in caring for veterans, and he intends to "forcibly to obtain" a resolution on behalf of these service members, as documented by the Richmond Times-Dispatch.
Among the plaintiffs is retired Lt. Col. Paul Yoon, who aims to transfer his remaining GI Bill benefits to his daughter, now attending Harvard Law School. The lawsuit claims the VA agreed earlier this month to cover the costs for Yoon's daughter, but the family remains wary due to existing VA guidelines that had previously disqualified them.
Another plaintiff is retired Col. Toby Doran who served more than 27 years and was initially denied the opportunity to transfer benefits to his son for college education. "Veterans who qualify for benefits should receive their full benefits -- full stop," AG Miyares said.
Bipartisan support for the lawsuit comes from 49 states, the District of Columbia, and the U.S. territory of Northern Mariana Islands, signaling widespread disapproval of the VA's handling of veterans' education benefits. The case has rallied veterans' groups such as the Veterans of Foreign Wars and the Iraq and Afghanistan Veterans of America, who have joined the legal action and are united in their call for the VA to honor its obligations.
