Va. sues Department of Veterans Affairs over education benefits

Attorney General Jason Miyares announced Aug. 14 that his office filed suit against the Department of Veterans Affairs over the VA’s compliance with the U.S. Supreme Court‘s decision in Rudisill v. McDonough.

The 7-2 decision, handed down in 2024, guarantees qualifying veterans a combined 48 months of education benefits, as soldiers who accrue education benefits under both the Montgomery and Post-9/11 G.I. Bills may use both benefits in any order.

Miyares was part of two multistate coalitions who urged the U.S. Supreme Court to hear the claim brought by James Rudisill, a Virginia veteran who began pursuing his case in 2015.

However, Miyares’ office said in a statement that the VA “has continued to take a cramped reading of the GI Bills, denying benefits to large swaths of qualified veterans.”

In one example cited by the office, a Virginia veteran was denied his full G.I. Bill benefits, preventing the veteran from transferring the benefits to his daughter for her law school tuition.

A bipartisan coalition of every state attorney general supported the veteran’s claim, and the VA agreed in principle to restore the veteran’s benefit last month without extending the restoration to other veterans.

“Veterans who qualify for benefits should receive their full benefits – full stop,” Miyares said. “The U.S. Supreme Court ruled that veterans who are eligible for the Montgomery and Post-9/11 G.I. Bills are entitled to their full benefits. Not partial, but full. We believe we are correct on the merits and look forward to an amicable resolution on behalf of those who have served.”

Miyares was joined by the Veterans of Foreign Wars, the Iraq and Afghanistan Veterans of America and individual veterans – including Rudisill – in the Aug. 14 suit.