GI Bill Benefits Wrongly Denied by VA, Judges Rule

A recent court decision could give many veterans the chance to obtain additional educational benefits. The case, decided by the U.S. Court of Appeals for Veterans Claims, arises from a “split time” situation where the claimant served three different hitches at separate times, one as an enlisted soldier, one as a member of the Army National Guard and one as a commissioned Army officer. This complicated background, combined with the two different military education benefit programs, led to the Department of Veterans Affairs to deny Post-9/11 GI Bill educational funding. .

In a 2-1 ruling, the court of appeals allowed the claimant to collect funding for his education under the Post-9/11 GI Bill in addition to the benefits previously received under the Montgomery GI Bill. Some of the issues addressed in the decision include:

• Length of service — The claimant paid into the Montgomery program to secure payments under that plan and also served during the requisite timeframe to qualify for the Post-9/11 benefits.
• Qualification for separate service terms — In December 2008, the VA created a form stating that required anyone seeking Post-9/11 educational benefits to sign away their rights to collecting Montgomery reimbursements. This interpretation was rejected by the appeals panel, which ruled that while counting the same service period for both programs was prohibited, someone with separate service terms could qualify for both.
• Duration of benefits — As someone who qualified for both programs, the claimant was entitled to educational benefits for the maximum 48 months for all programs set forth by statute, the court said. The VA had found that the limit should be the 36 months granted under either plan. However, the panel stated that the fact that a 48-month overall limit was established contemplated a situation where benefits are collected under both plans.

This outcome demonstrates that even when the Department of Veterans Affairs firmly takes a position against your interests, relief is possible. To maximize your chances for a positive outcome, it’s best to retain a lawyer with a successful track record in veterans’ matters.

Marcari, Russotto, Spencer & Balaban has achieved strong results for veterans and their families in litigation and administrative claims relating to veterans’ benefits, disability compensation and service-related medical conditions. If you have a question about your entitlement to benefits, please call 866-866-VETS or contact us online for a free consultation with one of our lawyers. We have locations throughout the Carolinas and Virginia.