Rudisill v. McDonough, No.2020-1637 (Decided: July 8, 2021); total education benefits; Montgomery GI Bill (“Montgomery” or “MGIB”); 38 U.S.C. § 3011(a); Post-9/11 GI Bill; 38 U.S.C. § 3311; “veterans with multiple periods of qualifying service” are entitled to “additional benefits” up to “48 aggregate months of benefits.;

United States Court of Appeals for the Federal Circuit

JAMES R. RUDISILL, Claimant-Appellee v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellant

2020-1637

Appeal from the United States Court of Appeals for Veterans Claims in No. 16-4134, Chief Judge Margaret C. Bartley, Judge Michael P. Allen, Senior Judge Mary J. Schoelen.
__________ Decided: July 8, 2021 __________
TIMOTHY L. MCHUGH, Hunton Andrews Kurth LLP, Richmond, VA, argued for claimant-appellee. Also repre-sented 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 Case: 20-1637 Document: 56 Page: 1 Filed: 07/08/2021
2 RUDISILL v. MCDONOUGH
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.
Opinion for the court filed by Circuit Judge NEWMAN.
Opinion concurring in part and dissenting in part filed by Circuit Judge DYK.
NEWMAN, Circuit Judge.
The United States Court of Appeals for Veterans Claims (“Veterans Court”) held that a veteran with multi-ple 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