ACE, Higher Education Groups Urge Court to Block VA Policy Limiting GI Bill Benefits

The brief argues that the VA's erroneous policy will cause "immediate, direct, and irreparable harm that will be felt by educational institutions across the country" unless it is stayed pending the court's decision in a legal challenge. It also speaks to the implications for veterans and their families.

At issue is the VA's decision to limit the education benefits of otherwise-qualified veterans and their dependents under the Post-9/11 and Montgomery GI bills to 36 months, despite the U.S. Supreme Court's ruling in Rudisill v. McDonough that veterans eligible under both programs are entitled to receive up to 48 months of combined benefits. In August 2025, the VA issued new guidance in its Benefits Administration Manual that prompted a legal challenge from veterans, dependents, veterans service organizations, and the Commonwealth of Virginia.

The amicus brief, filed Sept. 12, supports the petitioners in Commonwealth of Virginia et al. v. Secretary of Veterans Affairs, who have filed an emergency motion asking the court to stay the VA's implementation of its revised guidance while the case proceeds.

Immediate Harm to Students and Institutions

The brief emphasizes the immediate impact the VA's new policy will have on veterans and colleges and universities across the country. Without access to the full 48 months of benefits they've earned, many veterans and their dependents face an immediate risk of being unable to pay tuition and fees as the fall semester gets underway. Colleges must require payment at the time of enrollment, leaving affected students with little choice but to take on loans, pause their studies, or withdraw altogether.

"Congress made a promise to veterans and their families that service would be recognized with access to higher education," the groups wrote. "The VA's unlawful guidance threatens to break that promise, undermining student veterans' educational progress and depriving campuses of their valuable contributions."

The brief also highlights the unique perspectives veterans bring to higher education communities. They are often older students, parents, or first-generation college-goers, and their experiences enrich classroom discussions and campus life. Their absence, the groups argue, diminishes opportunities for all students to learn from diverse viewpoints.

The associations further note that GI Bill benefits are not discretionary but earned entitlements protected under the Constitution. Delaying or withholding them not only disrupts veterans' immediate plans but also harms their long-term career prospects, financial stability, and ability to provide for their families.

Given the Supreme Court's clear ruling in Rudisill and the high likelihood that the VA's policy will ultimately be overturned, ACE and the other associations are urging the court to block implementation of the revised guidance while the case moves forward.