Mar 11, 2026
WASHINGTON – The Veterans of Foreign Wars (VFW) has filed a brief with the U.S. Court of Appeals for the Federal Circuit challenging Department of Veterans Affairs (VA) rules that the organization says unlawfully deny veterans the full education benefits they earned through service.
"America’s veterans kept their promise to serve, and our government must Honor the Contract it has with them," said VFW National Commander Carol Whitmore. "VA's rules are preventing many from accessing what they rightfully earned, and that is why the VFW is fighting to ensure the law is applied as intended."
At issue is the 2024 Supreme Court decision in Rudisill v. McDonough, which affirmed that veterans who qualify for both the Montgomery GI Bill and the Post-9/11 GI Bill may receive up to 48 months of combined education benefits. According to the VFW, the VA's current regulations impose restrictions Congress never intended, including requiring a break in service before veterans can access the full benefits to which they are entitled.
The VFW argues the VA's interpretation conflicts with both congressional intent and the Supreme Court’s ruling, ultimately denying veterans educational opportunities they earned through years of service.
"The Supreme Court’s decision in Rudisill was clear," said VFW General Counsel John Muckelbauer. "Veterans who earned eligibility under both programs can receive up to 48 months of education benefits. VA's regulations add conditions that do not exist in the statute and undermine the Supreme Court’s ruling. Our brief asks the court to ensure the law is implemented correctly so veterans receive the full benefits they earned."
The VFW filed the brief as part of ongoing litigation aimed at ensuring the VA fully complies with the Supreme Court’s decision and properly administers GI Bill benefits.
The brief can be read here.