The Supreme Court ruled 7-2 on April 16 that a veteran who was denied full education benefits is nonetheless entitled to receive education benefits under separate GI bills.
The case is about whether a veteran who qualifies for education benefits under multiple GI Bill programs is required to use up or abandon the benefits of one program to take advantage of benefits under another.
The decision, which is a defeat for the Biden administration, means as many as 1.7 million post-9/11 veterans could become eligible for additional education benefits potentially worth billions of dollars. The Biden administration disputes the 1.7 million figure, saying that it’s closer to just 30,000 veterans.
In the majority opinion in Rudisill v. McDonough, Justice Ketanji Brown Jackson wrote that petitioner James Rudisill may take advantage of benefits earned under the Montgomery GI Bill and the Post-9/11 GI Bill. Respondent Denis McDonough is the secretary of the Department of Veterans Affairs.
The nation’s highest court ruled that Mr. Rudisill may take the benefits in any order as long as he does not exceed the aggregate 48-month cap established by federal law.
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