U.S. Court of Appeals rules GI should not have been billed for benefits

VA Wrongly Denied Some Veterans' GI Bill Benefits, Judges Rule

Military.com
By Patricia Kime
5 Sep 2019

McHugh could not say how many veterans may be affected by the ruling but believes if a service member "served six years and three of those were Post-9/11, you should qualify for both, if you paid into the Montgomery GI Bill."

A panel of Department of Veterans Affairs judges has ruled in favor of a veteran who petitioned to receive full education benefits under both the Montgomery and Post-9/11 GI Bills, a decision that, if allowed to stand, could expand the payout for thousands of eligible veterans.

In a decision published last month, two of three judges with the U.S. Court of Appeals for Veterans Claims ruled the department erred in denying a benefits claim filed by a former soldier with "split time," having served as an enlisted soldier and later returning to the service as an officer.

The veteran, identified as "BO" in the suit, served in the military during several distinct periods, from 2000 to 2002 as an enlisted soldier; from 2004 to 2005 as a member of the Army National Guard; and from 2007 to 2011 as a commissioned Army officer.

BO paid into the Montgomery GI Bill (MGIB) as an enlisted soldier and qualified for the maximum benefit through military service. He also was eligible for the Post-9/11 GI Bill through his service.
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