News Summary
Virginia Attorney General Jason Miyares has filed a lawsuit against the Department of Veterans Affairs, seeking enforcement of a Supreme Court ruling that allows veterans to combine their education benefits from different GI Bills for a total of 48 months. This case highlights the ongoing battle for veterans’ rights and the implications for the over 614,000 veterans residing in Virginia. Critiques suggest that current VA regulations may unjustly limit access to essential educational benefits.
Virginia Attorney General Sues VA to Enforce Education Benefits for Veterans
Virginia Attorney General Jason Miyares has filed a lawsuit against the Department of Veterans Affairs (VA) in the U.S. Court of Appeals for the Federal Circuit. This legal action seeks to enforce compliance with a U.S. Supreme Court ruling regarding veterans’ education benefits, which aims to allow eligible veterans to combine their education benefits from the Montgomery and Post-9/11 GI Bills for a total of 48 months.
The Supreme Court’s ruling, delivered in 2024, initially arose from the case of James Rudisill, a decorated Virginia Army veteran who was denied access to his full GI Bill benefits. Miyares argues that despite this landmark decision, the VA continues to deny many veterans the opportunity to exhaust their full educational benefits by forcing them to choose between the two programs, which is in direct contradiction to the Supreme Court’s decision.
Miyares has emphasized that veterans who qualify for these benefits should receive their full entitlements without restriction. He has a history of leading multistate filings to advocate for veterans’ rights following this ruling, signifying the broader implications of the VA’s actions on veterans statewide.
Background on the Case and the GI Bill
The GI Bill, established in 1944, was created to provide educational benefits to veterans of the United States Armed Forces. Among its provisions, the Post-9/11 GI Bill and the Montgomery GI Bill serve as primary educational assistance programs, each offering benefits for up to 36 months. Qualifying veterans are entitled to combine these benefits, thereby reaching a total of 48 months of funding for their education.
Since 2023, Miyares has spearheaded coalitions of state attorneys general, urging high court considerations in significant cases involving veterans denied their benefits. The Supreme Court’s ruling in favor of Rudisill was part of a broader advocacy effort that has gained momentum over the last few years. Subsequent support has been rallied for additional veterans, including Lt. Col. Paul Yoon and Col. Toby Doran, who have also faced denials from the VA.
The VA’s current directives regarding educational benefits are under scrutiny for potentially infringing upon the rights of veterans. Critiques focus on how these regulations appear to punish long-serving veterans, especially those with continuous service, by not allowing them to fully utilize their entitlements under both the Post-9/11 GI Bill and Montgomery GI Bill programs.
Impact on Virginia’s Veteran Community
Virginia is home to approximately 614,000 veterans, according to the U.S. Census Bureau. The implications of the lawsuit extend beyond just individual cases, as the wrongful denials of benefits may impose a greater burden on state resources dedicated to veteran support programs. Virginia’s Military Survivors and Dependents Education Program (VMSDEP) may experience increased demand if veterans continue to be denied their educational benefits.
Specific examples cited include cases where a Virginia Army veteran was unable to transfer his educational benefits to finance his daughter’s law school education, and an Air Force colonel who encountered substantial out-of-pocket expenses for his son’s education. These personal accounts underline the pressing need for action regarding the VA’s interpretation and application of educational benefits.
Coalition of Support
In addition to Miyares’s efforts, the lawsuit features co-plaintiffs such as the Veterans of Foreign Wars and the Iraq and Afghanistan Veterans of America, reinforcing the collective push for veterans’ rights and the proper administration of benefits as prescribed by law. Advocates argue that assuring full educational benefits to veterans is crucial not only for individual success but also for the overall welfare of the veteran community and, by extension, society as a whole.
The outcome of this case could set a significant precedent affecting the future of veteran education benefits not just in Virginia but across the nation.
Deeper Dive: News & Info About This Topic
- Military.com: Virginia Sues Trump’s VA Over Education Benefits
- 13 News Now: Federal Lawsuit Against Veterans Affairs
- Pilot Online: Miyares Sues VA
- Wikipedia: GI Bill
- Encyclopedia Britannica: GI Bill

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