Houston Estate Planning and Elder Law Attorney Blog
Veterans who qualify for both the Post 9/11 GI Bill program and the older Montgomery GI bill may have access to expanded veterans education benefits. It all hinges on a recent federal court decision and a possible appeal by VA officials.
Tens of thousands of veterans could be impacted, if Veterans Affairs officials decide to appeal a court decision regarding veterans education benefits, reports The Military Times in a recent article, “Court ruling could give veterans an extra year of GI Bill benefits.” The decision is being watched closely by the education sector as well.
The recent decision from the U.S. Court of Appeals for Veterans Claims held that the Department of Veterans Affairs practice of making veterans give up their Montgomery GI Bill eligibility to receive post-9/11 GI Bill payouts is improper. Department officials have argued in the past that it’s needed to ensure veterans aren’t duplicating benefits. However, a 2-1 decision by the judicial panel ruled that federal language prohibiting such “double-dipping” more appropriately means that “someone may not receive assistance from more than one program during a single month, semester, or other applicable pay period, but may switch freely between programs.”