RUDISILL v. McDONOUGH

2020-1637.

4 F.4th 1297 (2021)

James R. RUDISILL, Claimant-Appellee, v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 8, 2021.


Attorney(s) appearing for the Case

Timothy L. McHugh , Hunton Andrews Kurth LLP, Richmond, VA, argued for claimant-appellee. Also represented by David Parker ; David Joseph Depippo , Dominion Resource Services Inc., Richmond, VA.

Galina I. Fomenkova , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by Jeffrey B. Clark , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Y. Ken Lee , Bryan Thompson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Michael E. Kenneally , Morgan, Lewis & Bockius LLP, Washington, DC, for amici curiae National Veterans Legal Services Program and Veterans Education Success. Also represented by James D. Nelson .

Before Newman, Dyk, and Reyna, Circuit Judges.


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...

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