Student Veterans Sue VA Over Denial of Full GI Bill Benefits Despite Supreme Court Ruling
Credit: Bloomberg / Bloomberg / Getty Images- Student veterans are entitled to up to four years of GI Bill benefits, according to a U.S. Supreme Court decision.
- The Department of Veterans Affairs, however, is taking a narrow view of who can qualify for the full four years.
- A recent lawsuit aims to compel the department to widen eligibility.
- Higher education advocacy groups filed legal briefs in support of veterans.
Veterans are challenging the Department of Veterans Affairs (VA) to receive up to four years of GI Bill benefits, rather than the three-year max currently imposed on most students.
Advocacy groups and state attorneys general have joined veterans in filing lawsuits against the VA in an effort to get the department to revise its policy.
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The basis of the lawsuit comes from a 2024 U.S. Supreme Court decision in Rudisill v. McDonough. This decision held that service members can qualify for up to 48 months in aggregate GI Bill benefits under both the Montgomery and Post-9/11 GI Bills.
Each program only covers up to three years individually. Essentially, the Supreme Court said service members can qualify for four total years if their military service time overlaps with the timeline for each GI Bill program.
However, the VA has still reportedly denied claims for students seeking another 12 months of eligibility.
Virginia Attorney General Jason Miyares filed a suit to stop the VA from implementing its revised guidance while the case proceeds. Higher education advocacy groups, including the American Council on Education (ACE), filed a brief supporting this suit on Sept. 12.
Lindsey Tepe, director of government relations at ACE, told BestColleges that the VA is taking a surprisingly narrow view of the Supreme Court’s ruling to avoid paying additional GI Bill benefits.
“It’s very shocking,” she said. “It doesn’t really pass the smell test.”
Tepe said the VA claims that veterans must have served two “distinct” periods to qualify for each GI Bill type. Those who served over a continuous period of time that covers both GI Bill programs only qualify for one of the benefits.
She added that ACE’s filing contends this is not an accurate interpretation of the Supreme Court’s ruling.
“Service members who are eligible for educational benefits under either the Montgomery GI Bill or the Post-9/11 GI Bill — from a period of service that could qualify for either program — can opt to credit that service toward one educational benefits program or the other,” Justice Ketanji Brown Jackson wrote in the majority opinion.
“If service members serve for long enough, they may be entitled to both. But such service members cannot receive disbursements from both entitlement programs at the same time, nor may they receive any combination of benefits for longer than 48 months.”
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There seems to be agreement among attorneys general, too. Miyares led a coalition of attorneys general from all 50 states and the District of Columbia to file a brief in support of Lt. Col. Paul Yoon gaining access to a full 48 months of GI Bill benefits.
“I know there are many other veterans like Lieutenant Colonel Yoon out there,” Miyares said in a statement,” and I implore the VA to honor their service by permanently granting them full benefits as well.”
In the meantime, Tepe worries the VA’s reluctance to grant full GI Bill benefits is already affecting many students. With the 2025-26 academic year already underway, she said many will have already either looked to other funding sources — including student loans — or put off their studies altogether.
“The longer this drags on, the worse it really is,” she said.
It is difficult to quantify the effect the VA’s policy has had, Tepe added. However, according to documents accompanying the lawsuit, between 1 million and 2 million veterans should be eligible for benefits under both GI Bill programs, and approximately 600,000 have had related claims denied.
Denying GI Bill benefits doesn’t just impact a veteran’s educational journey. Service members can transfer their benefits to dependents, so it may also disrupt the progress of their children or other family members.