Posted on Aug 23, 2021
TSgt Ann Smith
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The U.S. Court of Appeals for Veterans Claims issued its final ruling on the case of “BO vs Wilkie,” letting stand an earlier decision that the Department of Veterans Affairs practice of making veterans relinquish their Montgomery GI Bill eligibility in order to receive Post-9/11 GI Bill payouts is improper. There is even a case recently won about time education running out for a depenant "Carr v. Wilkie. These victories has been posted quietly on websites like Militarytimes, Military(.) com but nothing official has been sent out to affected personnel from the V.A. who this affects, and probably never will. They don't want to pay out, hence the VA trying and failing to overturn the original verdict. Does that sound like a department in your side? Here are a few articles and the Final verdict from the US Courts of Appeal. There are no amendments written yet by the VA. The story just died with no followup. You can inquire your own individual case by setting up an account on https://gibill.custhelp.va.gov/app/home and asking a question. They just told me bluntly "We've reviewed your records and you don't qualify based on the law." Then I said "What is the name of the law?" I got no real reply to that back, except, "Decision not law, sorry. Thank you for your service." (Cuddling me.) I wonder if this is what happens to all appeals that could drastically affect you and me, just shoved under the rug. Do your research folks. They should have included the service members who actually were surving during the Gulf War
(911) the "Forever GI BILL" as well. It should have been based on when you served, not when you got out. I served 20 years BTW. Well here is the FYI: https://www.huntonak.com/en/news/united-states-court-of-appeals-for-the-federal-circuit-affirms-decision-by-veterans-court-potentially-restoring-billions-of-dollars-in-gi-bill-educational-benefits.html http://www.cafc.uscourts.gov/node/26840 http://cavcbar.net/bawp/wp-content/uploads/2021/06/VLJ-June-2021.pdf page 43, https://www.militarytimes.com/education-transition/2020/03/10/va-to-fight-court-decision-giving-extra-year-of-education-benefits-to-thousands-of-veterans/ https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 73785/Sub-Chapter-4-Entitlement-Issues (48 month rule)
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LCDR Joshua Larson
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I am still battling this and now have my congressman involved. The VA blatantly lied to them saying it was still being appealed. There needs to be accountability in the VA.
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TSgt Ann Smith
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It's now called "Rudisill v McDonaough. Here is an article from Rudisill and his lawyer himself.
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