Source: US State of California
OAKLAND — California Attorney General Rob Bonta today filed an amicus brief in the Court of Appeals for Veterans Claims supporting the right of U.S. veterans and their children to access educational benefits under the G.I. Bill. The brief, filed in Yoon v. Collins, argues that veterans whose single unbroken period of military service made them eligible for both the Montgomery GI Bill and the Post-9/11 Veterans Educational Assistance Act (Post-9/11 G.I. Bill) should receive the educational benefits they earned under both programs.
“Veterans earn educational benefits when they serve our country. This is part of the deal. Military families rely on the promised educational benefits to support their families and rejoin the civilian life that they have helped protect,” said Attorney General Bonta. “In denying veterans the education entitlements that they have earned, the VA breaks the promises made to veterans when they agreed to serve. California is home to 1.3 million veterans and has a responsibility to protect those who have protected us — I will continue to use the full force of my office to advocate for veterans in California and nationwide.”
The United States has promised to provide veterans with education benefits since the Second World War. The G.I. Bill — first passed as the Servicemen’s Readjustment Act in 1944 for 16 million service members returning from World War II — helped to facilitate reentry for veterans by providing them with transformative education benefits. The G.I. Bill gave veterans the right to apply to the education and training programs of their choice, and covered tuition, books, supplies, counseling, and living allowances for education expenses. Congress has extended the G.I. Bill’s benefits several times since World War II, including in 1984 through the Montgomery G.I. Bill providing 36 months of education benefits, and again in 2008 through the Post-9/11 G.I. Bill also providing 36 months of education benefits. Overall, qualifying veterans can use up to 48 months of G.I. Bill benefits.
In the brief, the attorneys general argue that the G.I. Bills reflect Congress’s intent to provide expansive education benefits to veterans and their families; as such, veterans should also be able to avail themselves of the benefits that they earned under both programs, regardless of whether their entitlement to those benefits came from multiple periods of military service, or a single unbroken period of service. Further, the decision interferes with states’ roles in helping veterans within their respective borders access critical educational benefits, which harms states’ veterans. The states work with the federal government to ensure that their veterans are able to transition successfully back to civilian life.
California is home to approximately 1.3 million veterans who may also receive support through state programs, including various programs offered by the California Department of Veterans Affairs (CalVet). In 2023, 517,000 veterans in California, or 39 percent, held a bachelor’s degree or higher, including 292,100 with a bachelor’s degree, 158,200 with a master’s, 40,200 with a doctorate (Ph.D.), and 26,500 with a professional degree (M.D., D.D.S).
In filing the brief, Attorney General Bonta joins the attorneys general of Virginia, Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.
Attorney General Bonta is committed to protecting service members, veterans, and their families. In 2023, Attorney General Bonta filed an amicus brief in the U.S. Supreme Court in support of a U.S. veteran’s attempt to access educational benefits under the G.I. Bill. The brief urged the court to review an erroneous lower court decision denying a U.S. Army veteran’s challenge of a U.S. Department of Veterans Affairs ruling that limited the veteran’s benefits. The veteran, James R. Rudisill, despite having served multiple tours of duty in Afghanistan and Iraq and being awarded a Bronze Star Medal, was at risk of losing a year of education benefits due to incorrect interpretation by the federal government of his entitlement to benefits under the G.I. Bill. In 2024, the U.S. Supreme Court issued a decision in Rudisill’s favor, holding that service members who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to the 48 month cap.
A copy of the brief is available here.
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