“Whether the Court of Appeals for Veterans Claims (Veterans Court) misinterpreted the plain language of 38 U.S.C. §§ 3322 and 3327 in holding that the election provisions expressly contained therein do not apply to Mr. Rudisill because he had multiple periods of qualifying service.”
“The United States Court of Appeals for Veterans Claims (‘Veterans Court’) held that a veteran with multiple periods of qualifying military service is entitled to GI Bill education benefits for each period of service, subject to the legislated limit of a total of 48 aggregate months of education benefits. Applying this holding to veteran James R. Rudisill, the Veterans Court held that he is not limited to the total of 36 months of education benefits set by the Montgomery GI Bill (‘Montgomery’ or ‘MGIB’) and applicable to his first period of qualifying service, when he also qualifies for later education benefits under a later bill—the Post-9/11 GI Bill. That is, he is entitled to the total of 48 months of aggregate benefits. The Secretary of Veterans Affairs (‘Secretary’) appeals. On appellate review, we affirm the decision of the Veterans Court.”
