Not so fast.
The Department of Veterans Affairs has appealed a federal court ruling that would have greenlighted an additional year of college tuition benefits for vets.
VA lawyers filed the appeal in the U.S. Court of Appeals for the Federal Circuit on Friday, asking judges to hear arguments in the case of BO v. Wilkie. That case focused on the VA’s requiring veterans to give up their Montgomery GI Bill benefit in order to receive Post-911 GI Bill benefits.
The filing is expected to cause a delay in getting the issue resolved.
Last fall, the U.S. Court of Appeals for Veterans Claims ruled the VA was mistaken when it originally denied the claim of a former soldier known as BO to have the cost of his education covered under both bills. VA lawyers countered that giving up access to one of the programs is to ensure that participants don’t “double-dip” on benefits.
Active duty service members who elect to participate in the Montgomery GI Bill pay $100 per month for 12 months and are then entitled to receive a monthly education benefit once they have completed a minimum service obligation. Post-9/11 GI Bill benefits are based on active service time since Sept. 10, 2001, and are maximized after 36 months of service or for those who are discharged with a service-connected disability after 30 consecutive days of service.
The VA did not immediately provide an official statement in regards to the filing nor answer questions about why it decided to appeal the decision.
Court says veteran was wrongly denied education benefits
Reach Julia LeDoux: Julia@connectingvets.com
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