Virginia Sues Trump's VA over Education Benefits

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James Rudisill, a decorated Army veteran, sued the Department of Veterans Affairs for not paying him the full benefits he had earned under 2 separate GI Bill programs.
James Rudisill, a decorated Army veteran, sued the Department of Veterans Affairs for not paying him the full benefits he had earned under 2 separate GI Bill programs. (Steve Helber/AP Photo)

Virginia Attorney General Jason Miyares on Thursday sued President Donald Trump's Department of Veterans Affairs, asking a federal appeals court to force the VA to comply with the U.S. Supreme Court ruling that guarantees veterans full education benefits.

"Veterans who qualify for benefits should receive their full benefits -- full stop," Miyares said in a statement.

"The U.S. Supreme Court ruled that veterans who are eligible for the Montgomery and Post-9/11 GI Bills are entitled to their full benefits. Not partial, but full. We believe we are correct on the merits and look forward to an amicable resolution on behalf of those who have served."

Last year, the U.S. Supreme Court ruled 7-2 in favor of Richmond resident James Rudisill, a decorated Army veteran who sued the Department of Veterans Affairs for not paying him the full benefits he had earned under two separate GI Bill programs. Rudisill, who later became an FBI counterterrorism agent, has sought to use his earned GI Bill benefits to further his education and become a chaplain.

Despite last year's ruling that guarantees qualifying veterans a combined 48 months of education benefits, the VA has continued to deny benefits to a large number of qualified veterans including Rudisill.

"The plain language of the GI Bills has always compelled the VA to honor the full 48 months of education benefits that veterans were promised," the lawsuit says. "But for years VA rules have denied benefits to veterans who are entitled to them. Those rules are unlawful and should be set aside."

In the lawsuit, Miyares argues that the VA's wrongful denials have increased the state's burdens and costs in caring for its veterans.

In one case, a Virginia Army veteran who served for more than two decades, including deployments to Iraq, Afghanistan and Kosovo, was denied his full GI Bill education benefits, preventing him from transferring those benefits to his daughter for her law school tuition, according to the suit. In another case, a retired U.S. Air Force colonel was unlawfully denied his full benefits so he has to pay significant money out of pocket to pay for his son's education, the suit claims.

Miyares is joined in the lawsuit by co-plaintiffs Veterans of Foreign Wars, the Iraq and Afghanistan Veterans of America and individual veterans including Rudisill.

Virginia has not elected a split ticket for governor, lieutenant governor and attorney general since 2005. This year, Miyares is the only GOP statewide candidate with a financial advantage.

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