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NVLSP and Veterans Services Organizations File Rudisill Amicus Brief

Released 8/18/23 | Tags: Supreme Court of the United States (SCOTUS), Veteran's Benefits

NVLSP and Veterans Services Organizations File Rudisill Amicus Brief

Service Women’s Action Network, Student Veterans of America and Veterans Education Success Join NVLSP in Urging the Court to Reverse Federal Circuit Decision Violating Pro Veteran Canon


ARLINGTON,VA – Yesterday, the National Veterans Legal Services Program (NVLSP) filed a “friend of the Court” brief  in Rudisill v. McDonough urging the United States Supreme Court to reverse the Federal Court’s ruling and reaffirm Congress’s establishment of two GI Bills benefits programs. Service Women’s Action Network (SWAN), Student Veterans of America (SVA) and Veterans Education Success joined NVLSP to file the brief as amici curiae, or friends of the Court.

In their brief, NVLSP and the other veteran service organizations contend that Mr. Rudisill and other veterans who earned benefits under the two GI Bills have the right to choose how to use them as Congress intended.

“The Montgomery GI Bill and Post 9/11 GI Bill are critical parts of the promise our nation makes to our servicemembers. Congress unequivocally and unconditionally intended for veterans to access these benefits to assist in their transition post service. It is a terrible injustice to the men and women of our military who demonstrate an extraordinary commitment and put their lives in harm’s way to defend our nation not once, but multiple times that they should be penalized and prevented from accessing critical higher education that Congress has already clearly established because of the ruling of Federal Circuit,” said Rochelle Bobroff, Director of Lawyers Serving Warriors®, the Pro Bono Program of NVLSP. “We urge the Supreme Court to reverse the lower Court’s decision and fully support the pro veteran canon and allow our country to live up to its commitment to our brave servicemembers and veterans.”

The case was brought by James Rudisill who served in the U.S. Army for approximately eight aggregate years over three separate tours.  His service included two tours in Iraq and one in Afghanistan. His awards include a Bronze Star, a Combat Action Badge, an Air Assault Badge, Afghanistan and Iraq Campaign Medals with multiple campaign stars, and a Kosovo Campaign Medal.

The veterans’ advocates filed their amici curiae brief with the pro bono assistance of Morgan, Lewis & Bockius LLP.  Read the entire brief here.

The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.4 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.

Media contact:
Patty Briotta, office 202-621-5698, patty@nvlsp.org

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