“For a veteran who qualifies for the Montgomery GI Bill and the Post-9/11 GI Bill under a separate period of qualifying service, what is the veteran’s statutory entitlement to education benefits?”
“What is the relation between the 48-month entitlement in 38 U.S.C. § 3695(a), and the 36-month entitlement in § 3327(d)(2), as applied to veterans such as Mr. Rudisill with two or more periods of qualifying military service?”
Holding
“[W]e hold that the plain language of § 3327(d)(2) applies to veterans with multiple periods of service,” which limits Rudisill’s “Post-9/11 benefits to 10 months and 16 days, the amount of his unused Montgomery entitlement.”
